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08-28-1967 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL. CITY OF WEST COVINA9 CALIFORNIA AUGUST 28, 1967, The regular meeting of the City Council was called to order by Mayor Krieger at 7-35 P.M., in the West Covina City Hall, _----__ Councilman Nichols led the Pledge of Allegiance, The Reverend Gary Presley,, -- South Hills Church of Christ, gave the invocation,. ROLL CALL, Presents Mayor Krieger, Councilmen Gillum, Nichols, Gleckman, Bnydere Also Presents George. Aiassa, City Manager Larry Williams, City Attorne-v Lela Preston, Deputy City Clerk Robert Flotten, City Clerk H. R. Fast,_Public Service Director Owen Menar&,',,, Planning Director Ray Windsor, Administrative Assistant Donald L. Russell, Administrative Assistant Leonard Eliot, Acting Controller APPROVAL OF MINUTES o August 14, 1967. Approved as corrected. - Mayor Kriegers I would offer the following corrections; On Page 7, where I ask "do you have the applications of publication?" m that should be "affidavit", On Page 27, the motion by Councilman Gleckman and seconded by Councilman Snyder, concerning the letter from Robert Flotten, I believe the full motion was "to receive and accept with regret" and not merely "to receive." Is that correct Mr, Gleckman? Councilman Gleckman.- Mayor Kriegero Page 38, the motion to adjourn 28tho "Receive and accept"would be proper, On Page 33 the Resolution on the Grand Avenue Interchange should read "acquire" necessary" rather than "apply??, And on was to August 28, rather than September Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that the minutes of the meeting of August 14, 1967, be approved as corrected, (Councilman Nichols asked that the rec6rd reflect his abstension in the approval of the.minuteso) PRESENTATION OF PLAQUES BY SISTER CITY FOUNDATION AND OFFICIAL INTRODUCTION OF GUEST FROM.TOLUCA - RICHARD STITH, CHAIRMAN-® WEST COVINA SISTER CITY FOUNDATION Mayor Krieger- The City Manager has indicated that the visitor 'from Toluca will not be present at tonight's meeting and his office has requested, with the total council's approval, that this item be held until the meeting of September llth, Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, t1bat this item be held until the meeting of September 11, 19670 1 y C o C o 8-28-67 Page Two CITY CLERK'S REPORTS PRECISE PLAN NO. 491. ACCEPT STREET IMPROVEMENTS ABBEY RENTS ACCEPTED • Cash Deposit in the amount of LOCATION: 706 North Azusa Avenue, East Side, North of Puente Avenue. Accept street and driveway approach improvements. Authorize release -of 4225000, Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that the council accept street and driveway approach improve- ments and authorize release of Cash Deposit in the amount of 4225.00 regarding Precise Plan No. 491. LIGHTING ASSESSMENT -DISTRICT NO. LAD 67-71 LOCATION: Area within STREET LIGHTING=.IMPROVEMENTS Annexation No. 192 and area of Giano School at Gemini and Giano Streets, Review Engineer's report, Accept and file Engineer report, Adopt certain re3olutions. Mayor Krieger: The first item is the accepting of the Engineer's report dated August 22, 1967, Mr, Rossetti is here to answer any questions that the council may have, Mr, Rossetti-, The arm a is in County Lighting District 1866 which was an annexation. The map represents the entire area (passed out • maps to the council and explained the areas and districts) Due to the fact that we have one district in this entire City this is a 5 year dist&t and this district will run 3-1/2-years. It will be a 3-1/2 year district financial) but be picked up .in 3 years, One little area (pointed out on mapT will have a surplus from the County m m it will be withdrawn from the C-Sunty and incorporated into this district, In all the ensuing districts that will be coming in as annexation they will be running in terms of all in the same period of the large district. When it runs out in 5 years all the .additional small districts will be added into one large distant again. At the present time these rates will be a little higher due to the fact that the distrb is are small and that the steel pole installations have gone up from 129 to 164 on the Edison rates, One other factors there are two zones, one a zone with installations and one without, The zone with out, installations will run about , 2477 or about 25¢ peg° front foot a year. The one with installations will be about ,28-J¢-over a 3 year period it will be ,2956 and that includes the one-half year pick up. The other item which has to do with this district m but mainly with the large one R due to the fact the new rates have come out the steel poles have gone up about 035,00 each and the rates on lights have gone down. The 20,000 lumen mercury vapor have gone down to about $5.50 and the 7,000 from $4,40 to 03,80 and this will give us a surplus. Mayor Krieger-, Are there any questions on Mr. Rossetti's report? Councilman Snyder-, May I ask again ® hoer is the energy • cost determined by Edison Company? Are there different energy costs available and are these costs subject to negotiation? The cost of electricity per hour, how is it determined originally when they set up their rate structure? It is my understanding that there are different rate schedules in different areas and for different amounts of useage and you don't necessarily get the cheapest one unless you negotiate and analyze for it? 2 m r Q, C, 8-28-67 Page Three ,LIGHTING ASSESSMENT DISTRICT N09 AD 67-71 STREET LIGHTING IMPROVEMENTS Continued Mr, Rossetti. - formula, however they go 4 or 5 years before what their new formula r That is set by the company negotiation and I believe they require soti.much profit out"of their investment under a do not raise them every year, sometimes thei`-.,, they get together with the State and organize is going to be to determine rates, Councilman Snyder.- They do have different rate structures though? Mr, Aiassa, City Manager - We do have a separate report coming on this, Councilman Snyder, Councilman Gillum.- Mr, Rossetti . you say this district is 3-1/2 years - the reason being that when will fall in at the same time? our;5 year district is completed this Mro R ssetti0 That is right, Councilman Gillum: Am I to assume that next year if we pro- ceed with annexations, these people will be put into a 2-1/2 year program? Mr. Fb setti.-. Not necessarily 2-1/2 years, it depends on when we pick it up. Councilman Gillum.- Butfor the remainder of the 5 year program? Mr. R ossetti.- Yes, Councilman Gillum: What would be the rates o could you tell us in round figures? This figure you gave spread over 5 years? us was 56¢, what would it be if it were Mr. R ossetti.- At that time the steel pole will be paid for and, itwill run- about 20 to 22. poles, etc, It would reduce it Oh ® you mean the capitalization of the to around 38 or 40�9 however, you have the problem of the termination of your districts also, Councilman Gillum: Are we controlled by law to terminate these districts all at once why do we do it this way? Mr. R ossetti: According to the law, expressed by the attorney, when you put in a district for 5 years or 3 years or whatever, it is assumed that all the payments will be of equal proportion,. Also to bring the entire city in, as we did last year, we will equalize the rats structure throughout the City and when the peak period ends then all of the small districts which are`now running a little high © there is a certain • amount of absorption in the big district, and as you create small districts the rate structures are all different because of the density of the poles and the number of lights. As you loop at the map you don't always have the same number of poles, so each district will vary slightly and when you put altogether into a -big district then you form the surplus funds and we will fill in without charge an extra pole here and a pole there.. Councilman Gillum.- What concerns me - the -point I am trying to mane m in future annexations and just using the figure of 56¢ per front foot, an 801 lot would be an additional 445. per year to the assessment of that property. Then what happens next year if we bring in another one and it 3 ti C, Co 8-28-67 Page Four LIGHTING ASSESSMENT -DISTRICT NO. LAD 67-71 STREET LIGHTING IMPROVEMENTS - Continued goes higher and I am not sure this is the correct way to do this, - when we bring people into the City under a new annexation and then all of a sudden tack 45 or 50 dollars on their tax bill. ® Mr, Rossetti-. Well that is the only way we know of, of incorporating it. The only other way is to terminate the entire city district, then bring this one in and make it all one big district, then you would have the financial cost of making a district. This is the only way we know to bring them in unless the City finances it for 3-1/2 years and at the end of that time you still have to pick up that money in a separate zone, Mayor Krieger-. In the meantime a certain portion of the property owners in that district already have Lights installed under a County maintenance district, so they are already paying these assessments and it would be transferrable fom the County District to the City District, Mr. .Rossetti-. It will be transferrable and brought into this district, the only fact is they have built up a surplus fund for that area and that will be requested from the County in the process of asking for that area and that will be applied against their rate, but the area where the installation is. where they have no lights that area will carry the full burden, However, I would like to say this, in your previous districts and the big one, your cost was 45 and a great many areas, as they came in, they carried their own burden of the installation. I made a check back and it was 4575 with installation in your previous district and this one is only running 3®1/2¢ higher per year. Councilman Gleckmano Mr, Rossetti , you have in here that "should the property owners within the it annexation desire not to be incorporated in the City District....00 How do they refuse to go into the big district? Presently they are in the County District, Mr, Rossetti-.. A small portion are in the County.... Councilman Gleckman-. Are those the ones you are referring to? Mr, Rossetti-. No, I am referring to those outside of that area, the one area that is 28¢ -ipointed out area on the map), Councilman Gleckman-. Why would they be desirous to come into a district that will just about double the amount of money? Mr. Rossetti-.. They have to come in eventually, Councilman Gleokman; They could stay out of it 3-1/2 years and come in when the City went into one big district, couldn't they? Mr, Rossetti-. Yes, they could do that, Councilman Gleckman-. What would be the advantages or dis- advantages for them not to do that? Mr. Rossetti-. The only thing I can see is they would save about 6¢ a foot for staying out. It might be a little inconvenient and it might be a little higher when they did come in, but they would save that money if they stayed out, • • i C. C. 8-28-67 Page Five LIGHTING ASSESSMENT DISTRICT 'NO. LAD 67-71 STREET LIGHTING IMPROVEMENTS -'Continued Councilman Gleckman: My point is why wouldn't it be our recommendation for them to stay out and save that money? Why are we talking about bringing them in now? What is the advantage either to the City or the people? The only place I can see that money going is into surplus and if we are not going to get the surplus they already built, if the County is going to take that, I don't see any advantage to recommend to them to come in except for a matter of convenience to the City, and I don't think that is right. Mr. Rossetti:. Councilman Gleckman: Mayor Krieger: It would be control over it for the City. Sorry, I couldn't go along with that gentlemen. Are there further questions of Mr. Rossetti?, Councilman Nichols: I was prepared to make some comments along the lines of the subject matter that Councilman Gleckman raised. The staff report states that should the property owners within the annexation, and I assume they mean annexation 192, not desire to be incorporated to the City District, that this action could be stopped or withdrawn at anytime during the period we are talking about ;. . question to staff is, m this statement "should the property owners within the annexation......" does that mean the total .192 annexation or just that portion of it that is presently a member of the County Lighting District? Mr. R ossettl: At this time this is purely a program subject for the council. You can do anything you wish. For me to make a recommendation, I would say the staff could make a recommendation better than I could, Mayor Krieger: The councilmbn_ls,-.:not asking for a recommendation§he is asking a specific question about a specific statement. This report comes from Mr. Pontow°s office o who wrote the report? Mr. Aiassa, City Manager: Mr. Pontow and Mr. Zimmerman. Mr. -Fast is familiar with it. As the council knows, over the years we have embarked on an overall City Lighting Program and this is part of that program. The points Mr. Gleckman brought up and Mr. Nichols brought up are valid points and we can modify or change the District boundaries to anything the council wants. Mayor Krieger. That isn't the questiono Councilman Nichols: All I am trying to get is an answer to this question, the statement in the report says " that the County action of withdrawal" and they are speaking in that sense I am sure of this portion of the annexation that is in the County Di -strut, -"the action on withdrawal takes approximately 2 months and can be stopped or withdrawn at anytime within this period should the property owners within the annexation not desire to be incorporated into the City District.". Now we are talking on one hand about a County District and in the very same sentence we use the term "property owners within the annexation" which is a much bigger statement.. Does this statement imply some action on the part of the total majority of the residents within the total annexation to stop the formation of the City District? Is that what the statement implies? ®5® Cp Co 8-28=67 Page Six LIGHTING AS.SES'SMENT.,DISTRICT NO. LAD 67-71 STREET LIGHTING IMPROVEMENTS - Continued Page Six Mr, Fast, Public Service Directors It is my understanding this only applies to that District that is already in the County. Insofar, as the lighting district itself is concerned not coming into the City _ District there is still a protest hearing, Mr-,,.Aiassa, City Managers. There are two, Councilman Nicholss Alright, let me proceed from that point. It is correct, I believe, the City of West Covina initiates a formation district. How do the people in the annexation area who may not want to become a part of any lighting district,how do they protest this? Mrs Fast, Public Service Director: Councilman Nichols: Mrs Fast, Public Service Directors Here at the protest hearing, or submit their protest in writing. To what extent must that protest be registered before it would have a legal effect? I would defer to Mr. Williams. But the Council can choose to recognize 1% or 51% or 100%. Councilman Nichols: Is there any mandatory level where the citizenry themselves would say "we do not want to pay this extra, tab, therefore by our protest. petition we are in effect stopping this procedure84 .®? Mrs Fast, Public Service Director: I don't know, Mr. Rossetti,* I can answer it, if I may. This is presented to the council by the staff to see if they want to follow through, if the council decides they want to incorporate that little area that has been annexed to the City plus the additional area which needs lights, the.first one has and the second one doesn't have, then you order the staff and the engineers to prepare a reports At that time that there is a report then we file the report and set up. publication, posting of the area and setting a hearing aor protests either in writing -or person. I would assume as.a matter of policy that if you get a 50% protest you will drop it. And the people will not get lights and the smaller section that does have the county lights now will remain in the county for 3-1/2 years more, Mayor Krieger: law, is_ there any percentage that we must honor? Mr, Rossetti: Mayor Krieger: It is not a matter of policy -M±-, Rossetti, We don't have any trouble with policy, we set that, we want to Iiow as a matter of by law that constitutes a protest percentage No I don't think so. Does that answer your question sufficiently! Councilman Nichols: I believe so. I have had an increasing feelingover the past several years that thera_-is something about the developi�ent of a program of this nature, which; -goes. contrary to my own sense of communication to the property owners ® to suddenly be awakened with the fact, by the posting in one's neighborhood, that will involve for good or ® 6 C o 0. 8-25-67 Page -Seven • LIGHTING ASSESSMFM DISTRICT NO, LAD 67-71 STT LIGHTING IMPROVNTS - Continued e or lessor good,, eome improvement in'the neighborhood and find it is going to cast some substantial figure each year and to then have placed upon one's serf the obligation to raise the troops and wage the protests. It seems quite contrary to the procedures for street improvements where there is an assessment district to be established on the 51% basis and there is the right of petitions and referendum and other types of action. My concern here is that I wonder how many property owners in the area feel at this point the need for this district? How many have been contacted by our city staff to where we could achieve any indication as a whole of any desire whatsoever by the people in that area for lights? Is therethat sentiment.and if not, are we Making it upon ourselves at'this time to add this 050 to their tax bill because fulnctionall' I think,, we are all aware that they cannot and will not rotes.t it -"''ut,, that is if we as a body decide to go ahead with it, feel,, gentlemen,, we ought to reflect upon this particular matter here tonight before we direct staff to move on into it and give it a little greater thought m to all the implications that are involved in this type of procedure at this time.• Councilman Gillum-., I was going to express exactly what Mr. Nichols just said,. We are trying to get people to annex to the City,, to make these people realize that -there are certain advantages and here we annex an area, and some of these lots are 1501 deep and we are talking about #100, or better additional, to their tax bill. I:personally would life to see some motion or some direction towards these people to inquire o these people.they have been without lights apparently for a • long time under the County and if they wanted street lights while in the County they could have petitioned the County for it. I would lime to see the City direct some communication to these people and get some indication or feeling whether they would life to have.a district formed,, rather than -the City setting the procedure and going ahead and finding out that the people are not happy with it, Mayor KriegcerS I would not lime to think we are unfair to any area, within the City. I don't look at this as an annexation but as a Part of the City of West Covina, Legally they are a part of the City of West Covina and that is why* we are discussing them and why we have Jurisdiction over them. It the same time I don't want to be unfair to therm or.more fair to them then we were to the rest of the City. We established the policy on this under past councils_, to sight the City of West Covina, This is the same procedure we followed with the rest of the City when these districts were initially set up. The only thing that bothers me about this report is that it is too comprehensive,, I think it is taking in a portion -.of the City that is presently light,ed•_&A4 more cheaply lighted than we could light it. I thins under the rul,c of fairness would dictate that -area should be excluded from the district we. are setting up,, but as far as the rest of the unlighted portion of the City of Nest Covina,, they should,rreceive exactly the same treatment as we have accorded to the City �.s a whole.,. Councilman Snydero I would agree with that, Since 99% of the City is lighted and this was • accomplished with very little-oT-no protest and by unanimous feeling of the council and the staff then in effect we are not overriding any minority here and certainly to prod out feelings - they will protest, A -gain I don't 'see -how we can leave therm out of the total policy of the City when we have 99% lighted and just say all at once because this is going to raise taxes they shouldn't enter into the betterment of the whole City, Councilman Gillum: The point I. am trying to make Dr, Snyder,, is you say being fair to them and this is true,, but the balance of the City is on a 5 year program and we are bringing these people in because the 7 C. C, 8-28-67 Page Eight s LIGHTING ASSESSMENT DISTRICT NO. LAD 67-71 STREET LIGHTING IMPROVEMENTS - Continued program is started and we are going to say to them o so it is going to cost you an additional amount of money, And therefore, they are not being treated as the rest of the District is, they are goingto have to pay for their lighting -assessment in a shorter period of time. and what concerns me is in future annexations are they going to have to pay for what the rest of the City -paid for in 5 years in a 2 year period"? I think we are going to have to establish and determine what the future procedure will be for future annexations, because we are asking them to pays for something that the balance of the district is having 5 years to pay for and they are expected to pay for it in 3 years, because they choose. --to come into the City in an annexation way, Councilman Snyder-, I wouldn't want this statement to be misquoted - but some cities charge an annexation fee for annexations that have come in without the same improvements.of the rest of the City. They sort of have to pay a premium to bring their portion up to the standard. ;4ayor Krieger s.. as to the exclusion -of lighted to attain its is a County District. Apparently not, there To arrive at a consensus on this matter so, the staff may be directed to proceed, is there any disagreement on the council that portion of the district which is presently present lighting district status, which I believe Is -there amy disagre�ezeent to exclude that? is no disagreement on that.. • Secondly, with respect to the term of the district itself. There has been some discussion as to whether or not this district rather than have an abbreviated term of 3-1/2 years that we have 2 years to meld into the city-wide district, whether or not it should.tareive the same consideration as the 5 year district. Now does that present any insurmountable problem Mr. Rossetti if it were the consensus of this council.to accomplish? Mr. Rgssettis No, I think it could be we-rked out. A point I would life to point out o we have a total cost here of approximately 0239000 a of that about 08,000 is the steel pole installations. If yeu want to out out the steel pole installations in this other area your rate would come down considerably, however is it practical to. put wood poles instead of steel in that area?: Mayor Krieger-, Mr. Fast Public Service Director-, Mayor Krieger. - Mr. Fast • Publio Service Directors. Mayor Krieger. - Mr. Rossetti-,. Mayor Krieger-,. What was the basis of the steel pole recommendation?. The City standard is to install all steel pones in residential areas. So this is no different than your recommendatism in the past? Correct. You say there is no insurmountable problem in establishing a 5 year district rather than. a 3-1/2 year district?. No. What is thecouncil°s consensus on this particular question ® a 5 year rather than a 3-1/2 year district? i J C. Co 8-28-67 LIGHTING ,,ASSESSMENT DISTRICT NO. STREET LIGHTING IMPROVEMENTS Councilman Gleckman: Mayor Krieger. - Page Nine LAD 67-71 Have we already agreed that there will be lights in that area? No, I wanted to take the incidental items first. Councilman Snyder: They are not coming into the overall lighting district now? Since our program is to run 3©1/2 years they will then overlap. Is there any problem to bringing them in then? Mr. Rossettis You mean if we 90.5 now on this one? We will incorporate them in the new, 5 year program at the end of ° 71 but the first two years of the 5 year program their rates will not be the same as the rest of the City, but they will be programmed to pick up the remainder of whatever this rate is. Councilman Gillum: Yes but this rate will be spread over 5 years? Mr. Rossetti.- f Yes it will be spr%s,d over 5. At the end of the 3-1/2 year period we will terminate this district, incorporate it into the new one and at that time it will continue at --this rate and for the following 3 it will pick up the rate established in prior service, Councilman Gleckman: That is the manner I would like to see it done, Councilman Nichols: The chair has alluded this evening to council policy as to past action on this matter in order to direct staff. I don't recall during the 3-1/2 years of my service on the councils that at anytime I cast any vote which placed myself on record as espousing and supporting a uniform policy to light every corner in all parts of the City. In fact I would like to recall for the council, when an issue on another lighting detrict caus up I stated my philosphy that I could see the reason for the City°s position of lighting all major,® secondary streets in the community but I thought the people residing on purely residential streets should have a greater voice in the determination of whether or not they.wanted lighting, So I only leave that final comment with the record so that.my colleagues may be convinced that I am maintaining some degree of consistency in my position rather than adopting some new tangent here this evening, Mayor Krieger: The policy has never been a matter of unanimity, it has always been a majority consensus. Alright m the consensus of the council having to do with the term itself established in the district? Councilman Gillum: I would like to see it established over a 5 year period. 3 years at this rate and 2 years at the higherrate, (Councilmen Nichols and Gleckman said they had nothing further to add) Councilman Snyder-, 5 year period. Mayor Krieger.- Then the term would be 5 years as far as consensus of the council.. -9m C. 0. 8-28-67 Page Ten LIGHTING ASSESSMENT DISTRICT NO. LLD 67-71 STREET FIGHTING IMPROVEMENTS - Continued Now the basic question - as far as the establishment of a district for the sighted portion of the City. Councilman Gillum-, Again, I would like to see a. communication to the people in this area to_.establish whether they would like to have lights or not on their streets. Therefore if we had a majority feeling and it was explained to them that the cost would be so much over a 5 year period I would be inclined to go along with their wishes. But to start procedures and then hold a protest hearing to find out if they are in agreement or disagreement in enough pro- portion to tell us if they are for or against, m© I would like to see the City contact .-bar letter form at this time. Councilman Gleckmans. Have we sent this type of card or request to any other part of this City prior to putting in lighting districts? Mr. Aiassa, City Managers.. yes, we have. I was going to men�ion this to the council, We can do it again. We sent a card and a booklet on Lighting explaining its. The return wasn't very great. .Mayor Krieger-, But in the terms of the timing of this procedure, did it take place before the council took any action at all or between the time the council established the district and head the protest hearing? • Mr. Aiassa, City Managers Answering your question specifically, it was handled variably, because it depended on the district involved. In one area the .north side, as I remember, we did it like we are now doing. The council delayed the procedures to find out exactly whether there was a strong pro sentiment in that area, because we had someverbal protests. Now in another area we did it before we started any proceedings, because we were trying to catch all the islands within the City that were not covered by street lights. Councilman Snyders. I remember when these were sent out and it was done more as informative material, not only to sell the people on the value of lighting, but if these people get this ahead of time, and although as Mr. Aiassa said the return was not great, but if they get it ahead of time then when they get their posting they will know what is going on and they at least will be informed. Councilman Gleckmans. As far as what I feel is best for the City there is no doubt in my mind but don't want them denied that this area should be lighted. though the same procedure taken in I the past. I would say this, I don't think you are going to get that many returns o as Mr. Aiassa stated o and unless you had an overwhelming, at least 75% return against it, there would be no doubt in my mind but that we should light that area. .� Councilman S.nyders I would like to say that we could start the procedure tonight and at the same time get -the staff to sexed out the cards. I don't thank we have to wait until the cards come back. Councilman Gleckmans How about the timing element?. Is the idea of sending the cards, waiting for the replies and then taking action does that have anything to do with anything that has been proposed here this evening? Are we fighting a time element, Mr. Rossetti? -1C- k C. Co F-2-8-67 Page Eleven 0 • LIGHTING`ASSESSKM DISTRICT NO. LAD 67-71 STREET LIGHTING IMPROVEMENTS_- Continued Mr. Rossetti.- We are in a little respect, because we always come in under the line. My suggestion would be to pass the resolution tonight and then go ahead and make your mailing and in the meantime I will pree my rate structure so when you send out the letters you can advise them-, then if you get an overwhelming response against it then just drop it. If not then you have at least ,accomplished all of this time and if you set a certain date, 2 or 3 `'weeks after sending out the cards and nothing happens, then we will go ahead with the procedure. You are not going to withdraw from the County so oo.000 Mayor Krieger. We are not talking about the second resolution, we are only talking about the proposed first resolution. The comments of the council as to the preparation of the assessment district is self-explanatory. Is there further discussion -on the .council? A motion would be in order with respect to Item A, which is the Engineer's Report, Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that the Council accept and file the Engineer's Report regarding the Street Lighting District LAD 67-71. Mayor Krieger.- Next is a resolution proposed for adoption, may we have the heading of the resolution? RESOLUTION NO. 3662 The Deputy City Clerk presented. ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVIN,A,, CALIFORNIA, ORDERING THE CITY ENGINEER TO PREPARE AN ASSESSMENT DIAGRAM, PLANS, SPECIFICATIONS"9 ESTIMATE AND REPORT FOR LIGHTING DISTRICT NO. LAD 67-719 PURSUANT TO THE PROVISIONS OF DIVISION 149 PART 19 STREETS.AND. HIGHWAYS CODE, STREET LIGHTING AC.T=--OF 19199 AS AMENDED, FOR THE INSTALLATION, FURNISHING OF ELECTRIC CURRENT AND FOR . THE MAINTENANCE OF CERTAIN LIGHTING FIXTURES AND APPLIANCES IN SAID CITY FOR A PERIOD OF MONTHS ENDING JUNE 30, 1971, Mayor Xriegerg The two comments in the body of the Resolution that would be pertinent, would then become June 30, be 1973s, I®uld assume.the date of Jane 30, 1971, which Mr. R ossettig No, it would terminate at that time, however, when we Come to the actual presentation of the report we will make a statement at that time that when the overall district is extended at that time a portion of `�hls will be terminated in 1971 and become a portion Of that and carried at the same rate structure for 2 years, Mayor Xriegerg Perhaps Mr, Rossetti p , and Mr. WiA;lams, could take the body of the Resolution and e make the necessary changes to bring the councils discussion in line with that resolution before we take acd�n or% adoption. ® 11 Ce C, 8-28-67 Page Twelve 0 LIGHTING' ASSESSMENT— DISTRICT NO. LAD 67-71 STREET LIGHTING IMPROVEMENTS - Continued Councilman Gleckman: One other question ® this 67-71, the way it looks to me that the staff report 67-71 took into consideration that additional area that the next resolution would ask for the withdrawal,, and now that will be changed also. Is that area included in this particular resolution as an overall resolution? Mr, Rossetti-. The area itself m this is a little like the cart before the horse. You are instructingin this Resolution the city staff to prepare an area which you have designated,, since you are changing it this is ordering us to go out and do what you tell us to do and when we come back it will be in the manner which you have described, Mayor Krieger: The body of the Resolution doesn't bind the council to any specific area at the present time? Mr, Rossetti- I don't think it doesn't bind what was discussed here tonight in total tellies us to do now, but it will bind us as to what you are Mayor Krieger- The adoption of the Resolution isn't restricting as far as term or area? Mr, Rossetti-. No o you can always change it. Mayor Krieger- Then_. you have suffi-ctent direction from the ,6ouncil's discussion' tonight, if this area? Resolution is adopted, so far as term and Mr, Rossetti- Yes. Mayor Krieger: Hearing no objection, waive further reading of the body of said resolution. Motion by Councilman Snyder, seconded by Councilman Gleckman, for the adoption of said'Resolution. Motion carried on roll call,as follows: AYE'S- Councilmen Gillum, Gleckman, Snyder, Mayor Krieger NOES- Councilman Nichols ABSENT: Non. RESOLUTION NOo The Deputy City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF'THE DISAPPROVED CITY OF WEST COVINA, CALIFORNIA, WITHDRAWING THAT PORTION OF COUNTY LIGHTING MAINTENANCE DISTRICT NO. 1866 WHICH IS INCLUDED WITHIN THE TERRITORIAL LIMITS OF THE CITY OF WEST COVINA.'.' Mayor Krieger: Hearing -no objection, waive further reading of the body of said resolution. Motion by Councilman Gleckman, seconded by Councilman Gillum, that the council disapprove said Resolution. Motion carried on roll.call as follows: AYES- Councilmen Gillum,'Nichols, Gleckman, Snyder, Mayor Krieger NOES: None ABSENT: None ® 12 J Ca 0. 8-28-67 Page Thirteen LIGHTING ASSESSMENT DISTRICT NO. LAD 67-71 STREET LIGHTING IMPROVEMENTS ® Continued Motion by Councilman Snyderq that the staff be directed to send out informational material on the Street Lighting District and a question- naire similar to the type used in the past, • Councilman Gillum.o You might add in there that the proposed, rates per front foot should be shown. Councilman Snyder,,, If you add that to the motion you canct state the exact rates. Mr, Aiassa, City Managers The approximate rates. Motion seconded'by Councilman Gillum,, and carried, all in favor. SCHEDULED MATTERS HEARINGS 1068 WEBD AND - RUBBISH ABATEMENT PROGRAM LOCATIONS. Throughout the City. This date set for hearing of protests or objections from Property owners and other interested parties by Resolution of Intention No. 3653 adopted August 149 1967. Mayor Kriagero. This is,the time and place set for the hearing of protests on the 1968 Weed and Rubbish Abatement Program., Madam City Clerk do you have the affidavit of mailing as required by law?, Mrs. Preston, Deputy City Clerks. I do, Mayor Kriegaroo Is there a motion to receive and file? So moved by Councilman Gleckman, seconded by Councilman Gillum, and carried. Mayor Krieger-O Madam City Clerk have you received any 'Written protests or objections, against performing this proposed work? Mrs. Preston, Deputy City Clerk-. I have not. Mayor Kriegeroo Does anyone present this evening have any quest -ions or protests relative to this proposed work? Mr. Phil Wax 1014 W..Garvey I would like to ask a question based on the West Covina Plaza being private property. We pay a fee to the property owner in the way of maintenance cost Plus we pay to have the rubbish removed, would the stores still be held responsible in anyway for this or would the City involve the property owners only? Mr. Aiassa, City Manager:. This is only in the areas where there. are. . weeds growing and the people do not take care of them. It hasnothingto do with rubbish removal. - 13 C. C. 8-28-67 Page Fourteen 1968 WEED AND RUBBISH ABATEMENT PROGRAM PROTEST HEARING ® Continued Mr. Wax-, Mr. Aiassa, City Manager-, assessment. bill. Mr. Wax-, Mr. Aiassa, City Manager-, Mayor Kriegero I says rubbish..,.... Rubbish where it accumulates between buildings and things like that, we send them a notice and then it will go on the Would this be a notification to the property owner or the storekeeper? To the property owner as listed on the assessment roll. Are there any further protests or questions?. Let the record reflect that apparently there are neither. Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried that the hearing be closed. Motion by Councilman Snyder, seconded by C.ouncilmand Gillum, and carried, ordering the abatement of weeds and removal of rubbish as. described in Resolution of Intention No. 3653. Motion by Councilman Gleckman, Seconded by Councilman Gillum, and carried, • that council accept and file the City Engineer's report.. Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, authorizing the City. Engineer to call for bids for the.1968 Weed and Rubbish Abatement Program. SOUTHERLY ANNEXATION DISTRICT NO. 195 CONTINUATION OF HEARING OF PROTESTS Councilman Gleckman. I have a question, Mr. Mayor, before we get into any protests or any other part of the hearing. There is part of Annexation 195 that Valinda dead ends to and I.would think that some discussion should be had by this council as to the extending of Valinda on through in order to improve the area if this annexation is accepted and one of the reasons I bring that up is because I think prior to this going to a vote it would indicate to the people in the area some of the advantages plus..I think Valinda - providing we could get dedication and I would like to ask the City Manager if he has done anything about it. Mr. Aiassa, City Manager. We had a meeting with the proponents today. The administrative staff couldn°t commend action on behalf of the conncil, involving a policy. As the council knows Valinda, is 4 lanes (explained with the use of the map). The persons now involved want assurance from this Council that if the right of way was given that the City would putt in the street using gas tax funds as we did on Azusa Avenue. But it would require council policy to give this group assurance that if the annexation is successful that they would put in writing that they would make the right of way available ..and the City would put the street improvements in. I have informally discussed with the County Road Commissioner and there is a strong feasibility that the County will participate because of County benefits. And if we are trying to induce the other people, this is going to be an important factor to bring those people in because we will have to look to the registered voters if this annexation is successful. I.believe these owners here who do own the greater percentage of the right of way would like an expression from the 14 C, Co 8-28-67 Page Fifteen SOUTHERLY AN7ITEXATION DISTRICT NO. 195 CONTINUATION OF HEARING OF PROTESTS ® Continued Council that if the annexation is successful that they will grant to the City easements and right of ways necessary for the street improvements and that the.C.ity will put the street in, • (Discussion with regard to areas on the map being in or not in the proposed annexation, and the proposed right of way for street improve- ment was pointed out,) Mayor Krieger: Mr, Williams we have a proposed annexation District 195 ® this is scheduled for a continuation of hearings 6f protest, Now as far as procedure is _concerned the council must entertain protests on the .proposed annexation at this time, is that correct?. Mr,,Williams, City Attorney:. That is correct. Mayor Krieger: Mr, G:leckman you raise a question having to do with an area that is not within the proposed annexation district No. 195, I appreciate your raising the point,,, Councilman Gleckman: Mayor Krieger: • about is or is not within 195? Mr. Aiassa,.City Manager: Mayor Krieger: Councilman Snyder: Mayor Krieger: Councilman Snyder: Hold it, Maybe my boundary lines are different than yours, Mr. Mayor, Well maybe the answer to the question was different then, Will you please describe whether the area we are talking It is all in 195. Is that -what. you unddrstood by the answer? No - Well I didn't understand it either. I thought it was all in the annexation that was being held pending this annexa- tion, Mr. Aiassa, City Managers That is 205. Mayor Krieger: Is the comment that Mr. Gleckman brought up about putting Valinda Avenue through as an additional incentive to the area for. reasons.of annexation all within the proposed'195? Mr. Alasaa.,._ pity Manager. Absolutely. Councilman Snyder: Will you outline the bonndaries of 195? (Mr, Menard, Planning Director, explained with the use of the map. Councilman Snyders That small corner (205)�is what is being held pending 1957 Mr, Aiassa, City Managers Yes, the reason it is beirg held is this small corner belongs to the same property owner, Councilman Gleckmans I .Just brought .that_ up Mrs Mayor, because we are talking about protest hearings and possibly setting for election Jf it doesn't get protested outs, I think this is one of the advantages to the people 15 C. C. 8-28-67 Page Sixteen • SOUTHERLY ANNEXATION DISTRICT NO. 195 CONTINUATION OF HEARING OF PROTESTS.- Continued In the.area and I think it would.enhance the use of that parcel for the City of West Covina. Mr. Alassa,.City Manager-. Also for the council o this is not deviating from any of our past policies. Councilman Snyder- Can we legally state as a body now, that we will put this in as soon as funds become available? Mr. Aiassa, City Manager-. I think you can o with the annexation. Mayor Krieger-,. I still think this is rather premature at this juncture o we are still in public hearing for the purpose of reoeiving any protests. This is the time and place for hearing any protests.against the proposed annexation of a certain area contiguous to the City of West Covina known as Annexation District 195.. For the record I would like the following information to be spread in the minutes of this meeting. The total assessed valuation of land only is #468,5409 the total valid protests received to date #172,995; the minimum additional amount of protests needed to terminate the proceedings by lax is #61,275. The minimum 50% amount of total assessed valuation to terminate the protests by law therefore is #234,270 of which again we have received #172,995. to date. Madam City.Clerk have you received any further written protests or objections to this annexation? First of all written.protests? Mrs. Preston Deputy City Clerks I. have received these this evening. Mayor Kriegers Have you had the chance to verify these written ft-stsyet? Mrs. Preston Deputy City Clerk- I have not had the time yet to check with the assessment roll. Roughly they amount to $1599480. Mayor Krieger-, Are you talking about a total additional or are you talking about total received? Mrs.. Preston Deputy City Clerks. This is what I received tonight. Mayor Krieger: So you are talking about additional protests received of #159,480. Mrs. Preston Deputy City Clerk.- Yes. Mayor Krieger-,. Which you would be adding to the $172,995 if they are verified? (Answer-,. Yes) We will give the City Clerk the • opportunity to make such verification during the recess. Is there anyone present this evening either owning property within this area proposed to be annexed or representing someone in the territori proposed to be azinexed -,who desires at -this time to file a written trotest? Mr. Abbott-, Mr.Mayor, I might be of assistance.... Mayor Kriegery Let me first inquire if there is. any,@ne. present desiring to file a written protest at this time. Is there any such person? �.:. 16 0 C. C. 8-28-67 Page Seventeen' SOUTHERLY ANNEXATION DISTRICT NO. 195 CONTINUATIGN OF HEARING OF PROTESTS - Continued Mr. Al Abbott (Attorney) Mr. Mayor,_I was merely going to point 10889 Wilshire Blvd. Smite 940 out that I represent as attorney, the Dos Angeles 90024 landowners who filed the group of protests last described by the City Clerk and we have put to the City Manager the question which he in.turn put to .this body a few minutes ago and our view of the annexation is dependent in part upon this bodies response to this question. There is one other procedural matter which we would also bring up that is the limitation of this annexation to annexation 205. The small triangle at the southeaYrterly corner of 195, that is an uninhabited annexation which is also"on tonight's agenda and which is Number H-2, Page 4 of the agenda. It was our understanding and there may have been some confusion on this point, that this ordinance would be presented first to this body before the annexation 195 protest hearing was concluded as to the protest hearing d so there are these two points that concern us as property owners anhe area. First, that this body act with reference to annexation 205 and secondly, the answer that this body may present to Mr. Aiassa°s question of a few moments ago. We have lodged with the City Clerk the protests she has so described, and as I understand the law, we may withdraw if we are so minded, and hence our interrupting these proceedings, if that is what I am doing. Councilman Snyder(-) May I ask procedurally why that Ordinance should go ahead of 195? Mr. Abbott( The parties I represent on the 110 acre parcel, which lies easterly of i Valinda in annexation 195, as well as the small triangle Which lies to the southeast and which constitutes annexation 205, they do not de -sire to have their ownership divided. The annexation 205 being uninhabited may be completed tonight, the ordinance which is before you conditions the effectiveness of 205 on completion of 195. That is possible with 205 because it is uninhabited, but it is not possible with 195. So the only way we can avoid division of these holdings is for 205 to be first completed this evening and the City is protected against there being a unilateral annexation because of the additional clause in the ordinance, but we have no protection against a converse situation in our request which may have been overlooked, that the sequen be the opposite of that which is represented by this agenda. Couutncilman Snyders Procedurally it seems to me, since the ordinance is conditional,., it really doesn°t make any difference. Mr. Abbotto Yes it does air. It makes a difference in this way - if 195 passed the protest stage and then this body were to dis- approve 205 there would be no remedy to my clients. Mayor Kriegero Upon what information, Mr. Abbott, did the people you represent, place your reliance upon the sequence in our agenda? Where did your obtain such information? Mr. . Abbotto understanding. Mayor Sr iegero heard on this particular I discussed it with jhe staff and it was my understanding the sequence would be as I described. There may have been a mis- There certainly was a breakdown in communications. Is there anyone else present this evening who desires to be matter2 I would think athis 'Juncture that - 17 - C. 0. 8-28-67 Page Eighteen SOUTHERLY ANNEXATION DISTRICT NO. 195 CONTINUATION OF HEARING OF PROTESTS - Continued the City Attorney might be -conaa.ulted as to the procedure on the closing of the hearing. The significance, Mr. Williams, if the protest hearing were closed at this time and Mr. Abbott suggests perhaps these protests were qualified in some manner ® is there any limitation on the right? I 41n't mean to verbalize for you Mr, Abbott, but there were certain mments that you made having to do with the protests,. Mr. Abbott-, City Clerk, I believe as have'not been and they are Mayor Krieger-, Mr. Williams, City Attorney-, Councilman Snyder-, then still act on Valinda That is true, but I must take exception to the word "qualified". The protests have been lodged and are in possession of the a matter of law they could be withdrawn. They vAlid protests as of this moment, The question that I pose to you Mr. Williams, after the closing of the hearing may such protests be withdrawn? No, If yo-u.close the hearing this annexation is dead. So is 205. As a matter of procedure, can we move number one up to this point, adopt the ordinance and leave this hearing open and Avenue? Mr. Williams City Attorney-, I would suggest Dr. Snyder, since you have heard the conditions upon which the protests might be withdrawn, I didn't say the"condim tions underwhich they were filed, they are unconditionally filed, I would suggest that you recess this hearing,holding the hearing open and that you take out of order on your agenda the two matters brought up by the attorney for the landowners. Namely, at their request, the passage of the ordinance annexing 205 and the question Mr. Aiassa'`s brought up concerning V'alinda Avenue, then having done so you would reopen this hearing again and if the protests are withdrawn you may then proceed. If they are not withdrawn this annexation is dead. Motion by Councilman Snyder, seconded by Councilman Gleckman, that this hearing on Annexation 195 be recessed until a later time this evening with the hearing held open, Mayor Krieger: Is there discussion on the motion? All those in favor indicate by saying -Aye.. AYES: Councilmen Gillum, Gleckman, Snyder, Mayor Krieger NOES:. Councilman Nichols ABSENT: None Motion carried. Motion by Councilman Snyder, seconded by Conncilman Gleckman, and carried, �t Item #2 under the City Attorney, the Ordinance regarding Annexation 5 be taken out of order and taken up at this time, CITY ATTORNEY ITEM 2) ANNEXATION DISTRICT 205 (The City Attorney stated that this Ordflance was introduced on August 14a 1967.) C. C. 8-28-67 Page Nineteen ANNEXATION A 205 - Continued ORDINANCE NOo 10-04 The City Attorney presented, 'IAN ORDINANCE OF THE CITY COUNCIL OF ADOPTED THE CITY OF WEST COVINA9 CALIFORNIA, • APPROVING THE ANNEXATION TO, INCORPORATING IN AND MAKING A PART OF SAID CITY OF WEST COVINA9 CONTINGENT UPON ANNEXATI.ON9 CERTAIN UNINHABITED TERRITORY OUTSIDE THE SAID CITY AND CONTINGUOUS THERETO, KNOWN AS "SOUTHERLY ANNEXATION DISTRICT NO. 205, f' Mayor Krieger.- I4earing_.no objection, waive further reading of the body of said Ordinance. Motion by Councilman Gleckman,, seconded by Councilman Snyder, to adopt said Ordinance. Motion carried on roll call vote as follows.- AYES.- Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES o None ABSENT-* None Mr, Williams, City Attorney.- Mr, Mayor o I would like to make a suggestion connected with this entire procedure and it is for the benefit of the property owners. Because the code states that the City Clerk shall within 30 days after its effective date file with the Secretary of State •the Ordinance of an uninhabited annexation that statement is contained in this Ordinance. We have contained in the Ordinance, however, the provision that Mr. Abbott mentions that would not compl-ete the annexation, yet it seems to me there might be a state of confusion if a copy of this were filed with the Secretary of State, and I think it would be appropriate at this stage, although it is unusual,, that the council adopt an instruction to.the City Clerk that pursuant to the direction of the Local Formation Agency Commission if annexation 195 is protested out before this Ordinance is effective that the City Clerk be instructed not to file a certified copy of this Ordinance with the Secretary of State. So moved by Councilman Snyder, seconded by Councilman Gleckman, Mr. Williams, City Attorney: Mayor Krieger: Councilman Snyder: Councilman Gleckman: Motion carried all were in favor. • ANNEXATION NOa 195 If agreeable to the motion, you might add m or to take any other action with respect to Annexation 205. Dr, Snyder do you accept as an addition to your motion? Yes, Yes„ Mr. Aiassa9 City Managers I gathered from the discussion this afternoon with Mr. Abbott and Mrs. Whites representing the Corporation and.the other directors that the ouid like to have some reasonable ositive assurance from the counci� tra we will go ahead and proceed with the Valinda Avenue extension by 1968=69. I think it is very feasible and I know it is practical because we have discussed it with the County and it is just a matter of prpgramming. 19 C. C. 8-28-67 Page Twenty ANNEXATION No. 195 Mayor Krieger: Mr._ Abbott, I have a question of you sir. This matter has been pending before the council since January 1967 and this to my recollection and I have attended every council meeting with the •exception of one o May 22nd, when -this was not on the Agenda, and this has never before been brought to this council°s attention. Now where have your clients been or where has this position been during this interim&_ Mr. Abbott.. speaking specifically now of the Mayor Krieger. Mr. Abbott. Mayor Krieger: Mr. Abbotto Well I am not responsible of the fact that it wasn't called to the attention of the council Mr. Mayor, You are matter of Valinda Avenue? This is the one brought to our attention t®night. Mr. Aiassa did .... You commented on it. Yes I did and that matter has been under discussion with the staff since abaut January of 1967. Mayor Krieger: And is it my understanding Mr..Abbott, that if this zouncil were to take action Indicating-_ its intentions with •regard to Valinda Avenue going through will these protests you have filed this evening.be withdrawn? Mr. Abbott: If the proceedings are such as to give reasonable assurance to my clients that that will occur, they would. Mayor Krieger: What would constitute reasonable assurance to your clients, Mr. Abbott? Mr, Abbotts Well somewhat earlier there was a question directed to the City Attorney which I don't think he answered. I think the proceedings took another turn and he didn't get the opportunity to answer. He is an expert on Municipal Law and I am not, -and it -seems to me that an answer from the City Attorney to the question put...by-One of the councilmen would be a good starting point for the discussion oo. perhaps a good ending point also. Mr. Williams, City Attorney: I am not certain of the questiop. I presume it has to do with what camuld be done to give reasonable assurance that this action would be binding and would be enforceable? Councilman Snyder: I am going to ask if this would answer it... , , if we direct the staff to prepare preliminary plans and specifica- tions for Valinda Avenue and secandlLy, state the policy that we were going to install it as soon as funds became available, would that be within the law and answer their question? Mr, Williams, City Attorney: I would have to ask a question or two first. Valinda Avenue, I assume, would qualify for gas tax funds. I think the acthn the council would take would be to direct the staff to include Valinda Avenue in its budget for the expenditure of gas tax money for the ensuing. fiscal year. I have never known the council, to go back on such action, but for your sake I am saying they could change it. m 20 C. C. 8-28-67 Page Twenty-one AMEXAT I O N NO. Continued Mr. Aiassa, City Manager-. I would like to explain for the council ° s benefit, that the staff expressed to the property owners that the council has established a policy of putting these types of streets in subject tp right-of-way, but we were informed today that • they wanted more coacrete and more definite action to take back to their directors and assure them that it can be and shall, be a reality. I can't determine policy, only the council can; I can't commit gas tax funds, only the council can; this is why it is up tonight. 0 C Mr.. Abbott.-. Mr..Mayor...... Mayor Krieger. This is council discussion, Mr. Abbott. If the council has any questions they will direct them to you. Mr. Abbott-. There are two things I would like to say, if not now, later. Shall I proceed now? Mayor Krieger: No, please not now. Councilman Gleckman-. I feel the Valinda extension is of advantage to the City as well as the property owner and I can't blame the property owner for seeking some assurance that it would be done if this is the desire. I don't see where it would harm the City, although I do feel, as you have asked Mr. Abbott, a little bit foolish that this hasn't come up in the past in order to solidify this situation. So therefore I would just suggest if this is our intention to call for a motion, get it adopted if we can pass the vote, and if this is not sufficient for the property owner and they wish to retain their protests, I feel we have cooperated and done everything possible that we can in order to_:give them some type of assurance and if they can't go on this then I don't think there is anymore we can do, Councilman Snyder: Certainly the completion of Valinda Avenue is of benefit to the occupied portion of this annexation too, although it is a little unusual to put..in streets for an undeveloped commercial property, in this case we would be opening -up to the north this inhabited area. Councilman Gillum: I am just wondering why - as the gentlemen stated this has been discussed back in January o it strikes me kind of funny that we are faced with the opening of the hearing and we have- a bunch of protests, because of something that was discussed back in January. I agree with both of...my fellow councilmen., that.it would benefit the City and the property and it does disturb me greatly that it was brought out at this time and I was -not aware that this was a possibility. Mr. Aiassa, City Manager-. Councilman Gillum-, it is shown on the County maps. Mr. Aiassa, City Manager: Councilman Gillum: I think this was brought up in February. Not to my knowledge Mr. Aiassa. This is the first I have heard of it publicly, that there was any consideration - I know There was a motion for me to negotiate with the--Go-unty Road Commissioner to. complete Valinda.. I. -know Mr. Aiassa, what I was saying o I didn't know that the annexation was depending on ., o.o o o. 21 ao oo 8-28-67 Page Twenty-two L' AMXATI'ON NO. 195 - Continued Mr. Aiassa, City Manager: Councilman Gillum-, (W. Abbott attempted to speak.) Well we didn't either until this after- noon. I couldn't give them a definite answer. I know ...,..and as I said earlier I. do agree with my fellow councilmen, but it disturbs me the way'it was presented. Mayor Krieger-, You are out of order Mr. Abbott. This is not a tublio hearing .matter as far as the use of gas tax funds are concerned, we have recessed the matter on the public hearing which is District No. 195 and it is my intention to use my council privilege to call on you for any comments but certainly not at this time. Mr, Abbott-, I am sorry m but you are proceeding under a certain factual misapprehension. Mayor Krieger: You may call it to the council°s attention at the appropriate moment which is ndt,, n®.w. Mr. Xichols..... Councilman Nichols: Mr. Mayor-. There is probably some ethical and effective answer to the impasse that I find myself in. I. have never yet had the staff placers in -the position where they found it necessary to come to me and ask me as a councilman to commit the City irrevocably to a project in a subsequent fiscal year without any data as to cost or any knowledge of possible other implications, based purely and simply on the situation that seemed to demand action, and I cannot vote to -commit the City to a major and costly street project one year hence without the. remotest knowledge of its impact on our 5 year program the staff has. carefully worked out and budgeted funds for, without any knowledge whatsoever of the cost of this improvement and despite all the merits it may have, the only answer open to me is some form of delay to where I can,.as a councilman, gain 'the additional information necessary to make a more considerate decision in this matter. Councilman Snyder: The increased population of this annexation, doesn't that increase our gas tax funds? Mayor Krieger: The population is estimated at 940 from the staff report. Is that correct Mr. Renard?. Mr. Renard, Planning Directory The population is estimated at 942 with the horizon of the uninhabited based on any additional 493 or a sum total of approximately 1400 on the horizon.. Mayor Krieger: Are there.any further comments by the Council? .... Mr. Abbott, you have some comments you would like to make to the • council on this particular.disoussiono Mr. Abbott: Yes Mr. Mayor. I wish to immediately set.At..rest with the council, that we have slept on our rights or failed to make timely statement.. of. position..... The landowners I rep.re.s.ent. ...have ..un- improved _.Land,,. the, _.imme:dlat.e effect ' of this, annexatio.n.:will _o2y' :be to increase their tax burden. True the .annexation,may have long. range.. benefits for them .°and- I trust that it will.. The point is that the. h annexation came to them,. they did not come to the annexation,,. We have had discussions with the staff over an.extended period and we have. specifically and at length over that peri-od .talked --about Valinda -Avenue, I don't have to get into all of the discussion we have had or to burden you with differences as to how we could receive reasonable assurance that 22 Co Oo 8-28-67 Page Twenty-three ANNEXATION NContinued that which was a material inducing factor - t-o-- any decisionu that we might make next, would be accorded to use having in mind that we did not come to the City and ask to be annexed, the City came to us and the City said this work would be done and now when I have asked on repeated occasions for assurance and various alternatives have been discussed and rejected We came at last to the point where you have the motion you now have pending.before you, but I don't think the blame should be on.my clients or.myself for the fact that you are in this procedural posture. I don't think the situation is lacking in solution but I don't think we. are. approaching that solution by talking about who may have been derelict in putting the matter before you this evening. -Clearly the council is not, and beyond that I wonder if it is necessary to pursue the point. If you feel it is I would be happy to. Now there is one technical point I want to make in clarification of what Mr. Aiassa said, I want to point out what we can and cannot do in the way of dedication of easement, or if you like dedication of fee for the roadway in question, (Mr. Abbott used the map and stated) Proceeding from the south, Valinda Avenue from Amar to this point which is slightly more than one --half the distance from Amar to Maplegrove is, I am told. already dedicated-80' wide. That occurred when our clients sold the land to the west to a developer by the name of Cunningham, And so the land is and the staff can confirm this, presently available, the ownership will presumably vest in the City -upon annexation, I will -skip over the area in the middle which is approximately 8 acres identified by parcel 9 and move south to Maplegrove. My clients own the land on either side of the proposed Valinda Avenue, described as Parcel 8 and 6 and to the extent that further dedication is rega°ed this map suggests that one-half of the total 801 has been dedicated and that, furtherdedication is available as a means to street improvement without charge; In the area in-between the two strips I described is an 8 acre parcel on the west designated as parcel 9. and on the east parcel 5 and 2. My clients own these easterly parcels and are prepared to dedicate to the center line of the proposed Valinda as a means for effecting the street improvement. Of course the strip dedicated would presumably be a 40 strip, the other 40' is owned by Suburban Water Systems, I have gone to this rather..lengthy explanation to point out that we ourselves are not able to dedicate this westerly strip of 40' which bounds Parcel 9. I assume it makes good economic sense for Suburban Water Systems to. do so in order to complete this thoroughfare m they have vehicular traffic going in and out of that area, but we are in no position to commit them or even to otherwise suppose what action they will take. One possibility we discussed with the City Manager, was that if need be, if for any reason the westerly strip was not available, the rest of the roadway could be completed, Because Mr. Aiassa didn't get into the detail of this owner- ship I wanted to point out that we are not in a position to dedicate all of the roadway in question. Mayor Krieger; Mr, Abbott: Mayor Krieger: *Mr. Abbott: Councilman Snyder: Mr. Abbott: hope that the City would see fit mm -gent An that regard. Your protest then, sir, is on Parcel 5 6 and 8? It includes 8®6-5-4-2-1 and some small parcels to the west. But as to the portion we are part.-euarly directing our attention to in this discussion m 5®6®8 And a portion of 40 May .I. ask.. m if. that one parcel that is not under yolr ownership did not dedicate, is a one -halt street acceptable for that street?. To us ® yes, We recognize the practicality that the City may not wish to condemn the other 401 strip... I. would to do so, but we are not asking for any m23m Ca Co 8-28-67 ANNEXATION.N0. 195 ® Continued Councilman Snyder: Mayor Krieger, *Mr.. Abbott, Mayor Krieger: Mr. Aiassa, City Managers involved is actually paving,,and I can't give you an answer, Councilman Snyder. - Mr. Aiassa, City Manager: Page Twenty—four, Thank you Any further comments you wish to make on this matter, Mr. Abbott? No, thank you, Mr. Aiassa. Do we have any figures to suggest what we are even talking about tonight? The County Road Department has some old figures that they established about 7 years ago. Bascially the main figure didn't work out the fine features so I You know how many feet are involved,,,. We can give you a horseback figure. Mayor Krieger: Gentlemen, what strikes me particuarly unique is that we labor long and painfully over the allocation of gas tax funds and the fair and equitable distribution of these funds throughout the City of West Covina,,-isow this isn't a highschool or college debate, but the.fact remains than the City of West Covina did not come to this area for annexation. It was my understanding that there were people in this area `that came to the City and indicated that they were desirous of annexing to the City of West Covina. I consider these entirely separate questions-, as far as the improvement of Valinda Avenue, I am not prepared to discuss Valinda Avenue tonight and I am not prepared to discuss Valinda Avenue any night until the City Manager can provide us with facts and.figure-s as to the necessary money for Valinda Avenue and a comparison with other needs within our community for the use of gas,tax funds so I can determine in my own mind a priority, whether Valinda Avenue justifies an allocation of these funds. If this is a material consideration in the minds of people who own property in that area, and it is perfectly understandable to me why it might, well that Just happens to be the name of the game, but it is not the name of the game as far as, this azine=ion is.concerned. The annexation, as far as I am concerned is whether or not it is of benefit to the people of Weat:Covina that we now represent,. The area of this City that we now own. I assume the people who. have come to the City in_good faith indicating they would like to annex to the City have their criteria why they feel they would like to be in the City of West Covina.. We have other people who come and tell us what their criteria is, now as far as I am concerned tonight I am not discussing Valinda Avenue, I am not prepared to discuss Valinda Avenue, and I don't think it is part of our consideration as far as Annexation No. 195, even if Annexation No. 195 falls because of a majority protest. Councilman Snyder, We11 I disagree with you on one point. I think this is one of our more desirable annexations and I think you shouldn't show your hole card so to speak, but I think in this case we have to take. •some extra considerations. I feel that we should direct the staff to come back with cost figures, etc,, and hold this hearing open until that has been returned. I would hate to see this annexation fall right now because again I think this is one of the most desirable and necessary annexations to complete the southern portions of the City. I think some of the benefits outweigh the cost and trouble, Councilman Gleckman, Mr, Williams, do you know of anyway that is legal that would bound the future 24 C. C. 8-28-67 Page Twenty-five ANNEEXATION NO. 1.95 - Continued council to proceed with this particular out -through, regardless of what action we would take this evening? Mr.:Williams, City Attorney-, No, The only way it would occur to • me and it certainly is nebulous whether it would be contractural. ,You can't bind a future council legislatively, you can't bind it budget - wise., unless by a contract. Ordinarily a contract with a land owner based upon either. not protesting or withdrawing a protest to an annexa- tion is not considered a binding consideration-, Councilman Gleckman. Well the point I make Mr. Mayor and the reason for my asking the question is that at the start and at the outset of this particular annexation I think I have been the council liaison in this particular° area and to every degree that has been .requested by all the property owners and specifically this particular property owner, from the beginning and -7t'o this very evening we have complied with every request, including the preferred zoning that was requested by this applicant. I brought up the Valinda out -through myself this evening. I go along with what Councilman Nichols and the Mayor has said, as far as cost is concerned. I feel that we have shown good faith, there is no doubt in my mind, unless something drastic happens, that it behooves the Ctty of West Covina to have that street cut -through, and in asking the City Attorney m there is no legal prerggative we can set for future councils regarding this particular street, I agree with the Mayor and Conncilma,n Nichols that we should proceed with the hearing based on our showing good faith, based on everything that we have done in the past in order to ihave this particular area, come to our City and reminding the council that there is still an election that has to be won in order for this area to even come into our City, I agree with you Mr. Mayor, I would like to see this annexation stand or fall on its merits, Councilman Gillum. Mr. Gleckman expressed my feelings. Councilman Nichols. I have studied the figures on the and if you divorce, the undeveloped land from the developed land it looks like about 50%9 probably more than 50% on the basic assessed valuation. .The protests that have been filed in advance of this latest protest this evening, were quite significant, representing a very very significant portion of that land where voting residents are located. As Councilman Gleckman states, those people that have been interested in this annexation have their work out out for them, they have a job to do, The Council I believe has shown every good faith in this matter, it has been hanging fire for a very long time, I am sure it would be the intention of this council to move towards the completion of Valinda Avenue, because that is obviously in the immediate interests of the entire area, but to again delay and hold it up in an effort to provide some kind of assurance that we really can't legally provide anyway m m I think that this he should stand or fall on its merits, our faith has been good and I think we should move on with it. Councilman Snyder. I think we do too much second guessing on what the vote is going to be in these annexations, the protested property does not necessarily parallel the property where registered voters live, so those figures would have to be analyzed, Again I think we shy off too much from annexations because we misanalyze or become timid about what we see ahead of time. With regard to Valinda Avenue, I see nothing wrong in making.a motion of this council to -.as a policy of the council ® to install, ValindaAvenueat such time as funds become available and include it in thl gas taxrogram. I am sure the applicants are aware that this i0; a revokable. decision by either the future council or this one. But again we are not playing games and such a motion is being made in good faith;: -and if it was revoked, I am sure it would be done for good and valid reaon, but I couldn't really foresee that. I am sure that they also undez-tand ® 25 - Co Ce 8-28-67 Page Twenty-six ANNEXATION NO, 195 o Continued there is no legal way we can give an irrevocable promise, Mayor Krieger- If there is no further discussion or comments' a motion would be in order. Councilman Snyder- What is the motion to include m ® to include it in the gas tax fund? Mr, Aiassa' City Managers We can add it to our gas -tax budget and in the gas tax budget include the loan for 168. I advised the. proponents the soonest we could get it in would be for 168169. Motion by Councilman Snyder_' seconded by Councilman Gleckman' that the Valinda Avenue street extension from-Maplegrove to the southerly terminus of Valinda Avenue be included in the Gas Tax Budget for 1968®°699 that council make a; recommendation that this be included in the budget for 1968-169 for an 801 secondary highway if at such time thi-•annexation is part of the City .and right-of-way is dedicated, ---Motion failed on roll call vote as follows: AYES- Councilmen Gleckman' Snyder, NOES- Councilmen Gillum' Nichols' Mayor Krieger ABSENT: None (MAYOR KRIEGER.CALLED A RECESS AT 9:25 p.m. to 9:40 p.m.) • AN.UIXATION NO.. 195 Continued _ Mayor Krieger: Mrs, Preston Deputy City Clerk: Madam City Clerk do you have a report on the validity of the protests given this evening? Yes' I checked the protests against the. assessment roll and they are valid. The total is $159'480, Mayor Krieger: So the total valid protests received to date are $33294750- Have you received any unic filing protests that they desire to wi hdrawnthempotests?n from those Mrs. Preston Deputy City Clerk: Mayor Krieger: Mr, Williams' City Attorney: No. The answer is in he negative. I presume the next procedure would be to declare he hearing closed. You can ask if anyone wishes to withdraw their protest, Mayor Krieger: As a matter for the record' is there anyone present who wishes to withdraw he protest filed with the City Clerk? Let the record reflect here is apparently not. Motion by Councilman Gleckman' seconded by Councilman Gillum' and carried' that the hearing on Annexation No, 195 be closed. Motion by Councilman Gleckman' seconded by Councilman Gillum' and carried' thatthe council direct the City -Attorney to prepare a Resolution finding a majority protest on Annexation No, 195. 26 f C, Co 8-28-67 Page Twenty-seven SCHEDULEDMATTERS'- Continued HEARINGS REQUEST FOR INCREASE IN RATES BY YELLOW CAB COMPANY SAN GABRIEL VALLEY Mr. Aiassa, City Managers While. I was away the staff prepared . a resume for you and the gentlemen from the Cab Company are present tonight. I will be willing to answer any questions the councilmen may have. Mayor Krieger. - Mr. Aiassa, City Managers Mayor Krieger.- Mr,.Williams, City Attorney. - This is a public hearing item? Yes. Mr. Williams, is it necessary to have the report read into the record or is a motion to spread it in the minutes sufficient? A motion to spread it in the..minutes will be sufficient, (Motion by Councilman Snyder, seconded by Councilman Gleckman, and carried, to spread the report of August 22, 1967, from the City Manager to the City -Council,, subject "Request for Taxi Cab Rate Increase►° to appear in the minutes, (Report Follows) "In accordance with Section 6340 of the West Covina Municipal Code, as interpreted by the City Attorney, the above matter has been set as a hearing, item before the City Council at its • meeting of August 28, 1967, Notice of publication for this hearing appeared in the. D.aily.Tribune on August 22, 1967, and in the West Covina Tribune on August 24, 19670° 'The letter of request from the Yellow Cab Company dated August 19 1967, (See attached) indicates that a rate increase has already received approval from a number of local jurisdictions. Aq.'an adjunct to this report.a personal check was made with each of the cities involved to verify the nature of the increase and to determine if any conditions were placed upon the granting of.the same. The following.table shows the results of the surveys Request or Rate ReqUest Re® Increase quired by Request Name of City Received City Ordinance Granted Conditions Los Angeles County for Contract Cit. eB ...in _-San Gabriel Valley Yes Yes' Yes None General Law Cities Azusa Not Yes Council Held None item over pending check of other cities Baldwin Park Yes Yes Yes Greater con- trol to keep vehicles safe El MOnte- NO NO3 and clean, --- Glendora No No --- San Gabriel No No ®®o ® 27 C, C. 8-28-67 Page Twenty-eight YELLOW CAB'O`OMPANY RATE INCREASE REgUEST ® Continued 'The Yellow Cab Company of the San Gabriel -Valley presently operates six taxis within the City limits of West Covina. It is the policy of this City to annually inspect each automobile -for safety, general appearance, etc,, prior to the issuance of an annual license' by the City Clerks Office. The Police Department - informs us, in a report dated February 1, 1967, that the vehicles are in good repair. A copy of this report is attached. BCity records indicate that West Covina has granted two prior rate increases to the Yellow Cab Company since 1960. A schedule of these rates, together with the proposed increases, is also attached to the Councils information, 1 Letter of request to Board of Supervisors did not name the contract cities involved, 2.Xb request was made for a rate meTease approval. It was indicated on this year's applicatitan for license renewal. 3 Requires a filing and notification of a rate change within 24 hours' o f the- -e f f e c-five= date o f c hang-e o This company is .not :affiliated with the Yellow Cab. Company of California but is a wholly owned subsidiary of the HertzRent- AmCar Company." (MAYOR KRIEGER DECLARED THE PUBLIC HEARING OPEN) IN 'FAVOR Oo D. Stalians, President Yellow Cab of the San Gabriel Valley 94724 Catalpa Street E1 Monte I am only here to answer questions. I am one of the operators of the corporation of the Yellow Cab Company of San Gabriel Valley, I am the President. IN OPPOSITION None, (MAYOR KRIEGER DECLARED THE PUBLIC PORTION OF THE HEARING CLOSED. DISCUSS- ION BY COUNCIL. ) Councilman Gillum. Mr. Aiassa, under the City Ordinance covering such things as taxi cabs and cars for resat, is there not a provision that covers the age or how old a car can be on the street? Mr. Aiassa, City Managers Councilman Gillumo, ffound them to be in good repair. Mr. Aiassa, City Managers Mayor Krieger-, Mr. Aiassa, City Manager. - Mayor Krieger - Yes. 5 years. They have been so notified.. In the procedure they list some herq that are 5 years of age, I notice Captain Henson has. inagdat&d them.and What is the procedure.? Two of 1962 will be replaced probably in the beginning of 1968. You indicate two prior rate increases since 1960. When were the rate increases? In 196o, 1963 and 1964. (Explained the amount of increases.). Mr. Stalians, have you had a rate increase since 1964? 0. C. 8-28-67 Page Twenty-nine YELLOW CAB COMPANY HATE INCREASE nRUEST o Continued_ Mr. Stalis s I. am sine we have not had since 1964. Councilman n Snyders. The only supporting data we have for the rate increase is that their parts, salaries, taxes o have gone up and we • have to take their word on that. Shouldn't they submit figures? If we are.gairg to have a hearing we should have some information. Mr.. Alassa, City Managers I do have an audit report provided his rocord of his universal release, available to them. Councilman Snyders by his auditor showing ups cost and expenses, but it is requested, being business activities, he did not want to make this a sq, if the council can wait a minute I will make it that information? He may go Mayor Kriegero The point is if we are going to sit here and rule on rates what are we going to rule on if we don't have out and out salaries. a recommendation to. mare -to us? Let's put the question differently. Based on the information made avail= able to %s, Mr. Aiassa do your have Mr. Alassa, City Managers I have no particular qualms with the rate of 50� per mule, and the only qualms I have is with the rats of •47.00 per hour waiting time and we did discuss this in my office. We have had 05.0.0 consistently and all of a sudden we jump it 42.00 or hour. They gave some valid reasons, they stated the reason for 7.00 per hoer waiting time is that they have some abuses. The cab Is used to go grocery shopping and they hive. to. wait and haul... the groceries into the car and the house, also in the early hours of the morning certain inebriated..people have a tendency to make them wait. and this #7.00 per hour waiting time kind of stiumUates the activity of mowing. The only question that I can pose to the councilmen, that we might possibly do is permit them toproceed on a 6 month basis and see if we get any protests. We are then in a better position to see what the cansuamer might say. • Councilman Gillum, Be we have something surrounding that we can compare with - Q other cab companies servicing other areas? Mr. Aiassa, City Manager,. We tried to make a check and we found a lot of cities do not have per se taxi cab service. They are either fed_. in from other areas., for example o El Monte. Their particular moms base is within the City of Bl Monte and they operate beyond the scope of their City and it is required by our Ordinance that their rates. and cabs be approved by our City. Councilman Snyders Mr. .Massa, City Managers. May I ask if you have a different rate schadmis?. _IDe these cabs operate exclusively In West Covina?r No, that is why he is trying to maintain uniformity of ratesJ„ so the areas he is serving are t--aama. Councilman Snyder, It doesn't say here that these rates are the same as Baldwin Park, Covina, etc. Mr.Aiassa, City Managers He did get an increase in Baldwin Park and Covina. He kind of got through Azusa pretty fast. L, A. County increased their rate which includes all of the unincorporated area and 0290 C, C, 8-28=67 Page Thirty • 11 YELLOW CAB COMPANY BATE INCREASE B2RUEST - Continued the contract cities. In El Monte he did not ree-elve a rate . increase. Mr, Stalianss 'It rien°t necessary, we only have to post our rate inorease in the City of El Monte_. Mr. Aiassa,City Managers Councilman Nichols.s. Mr., Aiassafl ,City Managero, can operate in West Covina, In Glendora? (Answers Yes) San Gabriel?- ( " ua ' d There is nothlhg in lain' that provides a monopoly in West Covina for one cab ever another, is. there? There is a procedure that can be followed with proper posting and pro- cedure so that 4nother cab company. Councilman Nicholss. This in other words is not binding, rates to a monopoly such as would be enjoyed by a public utility or That sort.? It is open to someone else to come in if they desire? Mr. Aiassaa City Managers It is open for competition, Councilman Mcholss.. I. really wonder then if we have any y concern.abouut approving their rates or setting their rates per se. I. certainly am not knowledgeable about them, I couldn't mare an intelligent. decision if I.. were to vote to_ approve their rates, when I don't believe I. have any business of approving them anyway. I have to. act on it because we have an Ordinance, but if I, had my choice I.wouldn°t be acting on it, because I. dan° t feel this is a proper area for city council control. I would remove that from the Ordinance. Mayor Kriegers.. Let's do this first one way or the other and.then do something about the other. How about the question of Yellow Cab rates, gentlemen? Motion by Councilman Gleckman, seconded by Councilman Gillum, that the request of the Yell ow -Cab Company of San Gabriell, Valley for an increase in rates be granted as. requested. Councilman Snyders In spite of the. fact that it shouldn't be in the, Ordinance I submit that nothing has been submitted here to Justify the increase in rates, , Mayor Xriegers Speaking to that, Dr. Snyder o a 1964. experience would suggest that these items they brought to our attention have all, gone up by common experience. I . am sine they are not immune to the experience that the rest of us hare.. Councilman Gleckmans Not only that, I think you would have about five cab companies in here if these prices were out of line. Competition will bring the prices down, I am not worried about that, Motion carried on roll call vote as follows.s AYESs Councilmen Gillum, Nichols, Gleckman, Mayor Krieger NOBSs Councilman Snyder ABSENTS None o3po C, C, 8-28-67 Page Thirty-one MAYOR'S -REPORTS. CITY CLERK PPOINTMENT Mayor Kriegers With the permission of the council I would like to deviate from the .regular order of business to take out of order under Mayor's Reports, Item 6, the appointment of the City Clarke effective September l-, 1967. We have with us this evening our City Clerk, Mr, Robert Flotten, whose resignation we received effective as of. August 318t, We have the responsibility to make an appointment for.the unexpired term which will sun to the eleotion in April of 1968. Thar proposal is a Resolution which has been prepared and which is ready for ro osal this evening by which Mrs, Lela W, Pre n,,- would be appointed as. City Clerk, Is there a discussion on the gwkstion before we have a reading of the heading of the Resoluthn? Councilman Nichols. I think it is amazing that we are able to find someone with good competence that will work for the money, RESOLUTION NO. 3663 The City Attorney presented. "A RESOLUTION' OF 'THE CITY COUNCIL OF ADOPTED THE CITY OF WEST COV'INA, APPOINTING LELA W. PRESTON AS CITY CLERK. B9 Mayor Krieger-, Hearing no objection, waive further reading of the body of the resolution, • Motion by Councilman Snyder, seconded by Councilman Gleckman, that said Resolution be adopted. Motion carried on roll call vote as follows. AYES`s Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES. None ABSENT. None Mayor Krieger-, Mr, Flotten, are you prepared to administer the oath to Mrs. Preston as City Clerk effective September 1, 1967? (Mr. Flotten aware in the newly ap ointe_d City Clerk, Mrs. Lela W. Preston, effective as of September 1, 1967. Mayor Krieger. I am sure I speak for the council when we extend to you our heartiest congratulations. PLANNING COMMISSION Mayor Krieger-, Is there anything additional, Mro Menard? (Answer. Nothing,) RECREATION & PARKS COMMISSION REVIEW RECREATION & PARK COMMISSION • ACTION OF AUGUST 229 19670 Motion by Councilman Gleckman, seconded by Councilman Gillum,.and-carried, to receive and file the report. 31 C. 0. 8-28-67 Page Thirty-two RECREATION & PARKS ' COMMISSIO'N m Continued 1. JET AIRPLANE RAPAIRS BUDGET CHANGE REQUEST. Mr. Aiassa, City Managers We want to spend 02,000 to make the Jet Airplane play equipment -.safe for the kids to -play on. It is actually one of the most used play apparatus we have on the playgrounds. Mayor Krieger.- Is this Fund transfer from part-time leadership account concurred with your office? And these funds are available for this purpose? Mr. Aias.sa, City Managers Yes, .if the ooixAcil so authorizes the transfer. Councilman Gle ckman-, Councilman Gillum. - Councilman Nichols-, Mayor Kriegers Mr. Aiassa, City Manager. - Mayor Kriegers Councilman Snyder-, Councilman Nichols-,. Mr. Aiassa, City Managers pregnable. So moved. Seconded. Is it a budgeted stem? It will become a budgeted item with the authorized transfer, I gather. It is account No. 862-12 and it will become 862-61 with the counPiT authorization.. The only thing that bothers me o really 42,000 appears rather high to me.... I might say the thing is a liability problem also, because I personally, know of two bids that have been is Sured. What are they actually proposing to do? They are going to put a plastic filament over it like on a surf board and it makes it practically im- Councilman Snyder.- It has some sharp corners. Mr. Aiassa, City Manager-, Where all the little doors, etc., are. hanged there are screws and the kids get at them. Mr. Past has gone into this a little deeper than I have, Mayor Krieger-, Have you gone into this more deeply, Mr., Fast? Mr. Fast, Public Service Director.- I am afraid so, Mr. Mayor. The jet aircraft is made from some .very peculiar alloy that cannot be repaired with normal_ metallic type of materials. The City has been temporarily patching it with concrete, but some vandals hit it and badly damaged it about 6 or 8 weeks -ago to the extent that we had to put up a fence or barrier to keep the children off of it. In the meantime the staff has analyzed many methods of repair including the possibility of abandoning it and replacing it with some other play gear.. (Elained other play gear and that the cost would be $2,000 for replacing.) Also we got it in for free, but it would cost a tremendOB- amount to get it out. Our count on children using this is much higher than anything else we have in the .City. The City of Anaheim had a similar plane with a similar experience with regard to vandalism and they did repair it 0320 Co Ce 8-�28m67 Page -Thirty-three JET AIRPLAINE REPAIRS m Continued with the plastic coating, (Explained how it was done..) Generally speaking we are going to have a much safer piece of equipment then we have ever had before, plus it will, fix all of the holes and we .hope it will be virtually indestructible and if it does need patching we pan use the ordinary boat patching type of material, Councilman Snyder: They can still knock holes in it, but it can be repaired, just like fiberglass. Mr. Fasts, Yes. Motion carried on roll call vote as followso AYESo Councilmen Gillum, Nichols, Gleckman, Snyder., Mayor Krieger NOES: None ABSENT. None 2,.TORGINAL FLOORING AT YOUTH CENTER Mr, Aiassa, City Managers I would hike to recommend that this matter be referred to the City Manager, Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried that the matter of torginal flooring at the Youth Center be returned to the City Manager for a further report. Mayor Krieger:: Back in September°, Mro,Aiassa? (Answer: Yes.) PERSONNEL BOARD RECOMMENDATION RE; VETERANS PREFERENCE Mr. Aiassa, City Manager: Mayor Krieger: The Council has a Metter addressed to them by the Chairman of the Board. Yes m this would be a necessity of directing the preparation of the appropriate Resolution. Motion by Councilman Gleckman, seconded by Councilman Gillum,and carried, that the City Attorney be directed to prepare the appropriate Resolution covering Veteran's Preferences HUMAN RELATIONS COMMISSION Motion by Councilman Gleckman, seconded by Councilman Gillum,and carried, to.receive and file the 'minutes of the Human Relations Commission dated July 27, 1967. GENERAL MATTERS • ORAL COMMUNICATIONS None WRITTEN COMMUNICATIONS la LETTER FROM MRS. G. I. URLIE REGARDING WEEDS Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that the letter from -Mrs, -Go I. Urlie regarding we6ds:be referred to staff for a report. m33m C. -C o 8m28®67 Page Thirty-four • CITY ATTORNEY ORDINANCE INTRODUCTION The City Attorney presented - "AN ORDINANCE OF--THE'CITY COUNCIL OF THE CITY.OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE BY THE ADDITION THERETO OF CERTAIN PROVISIONS RELATING TO PARADES." Motion by Councilman Snyder, seconded by Councilman Gillu?n, and carried, to waive further reading of the body of said Ordinance. Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, to introduce said Ordinance. .(Item 2 handled earlier in the evening.) Item ORDINANCE N0, 1005 The City Attorney presented. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING CERTAIN SECTIONS OF THE ZONING CHAPTER OF THE WEST COVINA MUNICIPAL CODE RELATING TO SIGNS. (Amendment No. 81) Motion by -Councilman Gleckman, seconded by Councilman Gillum, and carried, to waive further reading of the body of said Ordinance. Motion by Councilman Gleckman, seconded by Councilman Gillum, that the council adopt said Ordinance. Motion carried on roll call vote as follows: AYES: Councilmen Gillum, Nichols, Gleckman, Mayor Krieger NOES: Councilman Snyder ABSENT. None Councilman Snyder. Can we go back to the Parade Ordinance for just a moment. Under revocation of permit, on the last page, would it be helpful to add to that Section 3195.10 that the Police Chief could revoke the permit if there was an apparent threat to the safety m or is that covered earlier? Mr, Williamso It is covered earlier. The reason I say 'BYes" is found on Page 3, Item No. 6. One of the conditions is "that the conduct of the parade is not reasonably likely to cause any destruction of property or disorderly conduct or create a disturbance." Now for violation of any of these conditions he can revoke. Mayor Krieger: Mr. Williams, City Attorney: majority protest taken against Mayor Kriegero Mr, Williams did you desire to add something to the. City Attorney° s agenda? Yes, actually I 'have. motb thah(.,oftd a.ebe 1"C'think the first item that should be taken up is a kesolutlon finding that there was a Southerly Annexation District 195. Hearing.no objection, it will be so added. RESOLUTION NO, 3664 The City Attorney presented: "A RESOLUTION OF -THE CITY COUNCIL OF THE .CITY OF WEST COVINA, FINDING AND DECLARING THAT A MAJORITY PROTEST HAS BEEN MADE AGAINST PROPOSED ,SOUTHERLY ANNEXATION DISTRICT NO. 195. c-34m 0.,0. 8-28-67 Page Thirty-five RESOLUTION NO. 3664 m Continued Mayor Krieger: HOAring•no objection, waive further reading of the body of said resolution.. Motion by Councilman Gleckman, seconded by Councilman Gillum, that the council adopt said Resolution. Motion carried on roll call vote as • follows-0 AYES, Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES, None ABSENT, Ndhe Mayor Krieger, Mr, Williams, you have another item? Mr. -Williams, City.Attorney, As the.Council knows the Local Agency Formation Commission approved Annexation No. 205 on condition and only on condition that Annexation 195 be approved. I am sure it is the desire of this council to stand continually in the good graces of the Local Agency Formation Commission, Since you have just passed an Ordinance approving 205, it would seem tome to be aggropriate at this time to introduce an Ordinance repealing Ordinance No, 1004. You have already instructed the City Clerk not.to take any action under No. 1004. Once it is repealed, obviously ,,,o Councilman Gleckman, I would so move, Councilman Gillums Seconded. ORDINANCE INTRODUCTION The .City Attorney presented, "AN ORDINANCE OF THE CITY COUNCIL OF - THE CITY OF WEST COVINA, REPEALING ORDINANCE NO. 1004 AND DISAPPROVING "SOUTHERLY ANNEXATION DISTRICT NO, 205," Motion by Councilman Gleckman, seconded: by 70ouncilman Gillum, and carried, waiving further reading of the body of said Ordinance. Motion by (councilman Gleckman,, se-c-onded by Councilman Gillum, and carried, that said Ordinance be introduced, DECREASING SPEED LIMIT ON VALLEYVIEW STREET Mayor Krieger, Mro Williams you had a third item? Mr. -Williams, -City Attorney: I thought this would be on the agenda earlier, I think it has come to you in the form of a report, but it relates to decreasing the speed limit on Vall.eyview Street and recommended by the Traffic Safety Committee and I assume that an Ordinance should be introduced, Mayor Kriegers Any objection to adding this.item to the agenda.? No objections voiced_, ORDINANCE INTRODUCTION The City Attorney presented, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA. AMENDING CERTAIN PROVISIONS OF-THE.WEST COVINA MUNICIPAL CODE -DECREASING SPEED LIMIT ON VALLEYVIEW STREET," Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, to waive further reading of the body of said Ordinance. Motion by Councilman Gleckman, seconded by Councilman Gillum-, and carried, to introduce said Ordinance, -35® 0 0. C. 8-28-67 Page Thirty -Six CITY MANAGER ESTABLISHING 1967m68 TAX RATE RESOLUTION NO. 3665 ADOPTED Mayor Krieger-, The City Manager -presented: P°A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, FIXING THE :MOUNT OF -MONEY NECESSARY 10 BE RAISED BY T'AXAT.ION FOUR THE FISCAL YEAR -.'BEGINNING JULY 19 1967. Hearing no objection, waive further reading of the body of said Resolution. Motion by Councilman Gillum, seconded -by Councilman Gleckman9 that the council adopt said Resolution, Councilman Snyder: Is the subvention of the cigarette tax used in calculating this tax rate? Mr. Aiassa, City Manager: Yes. Councilman Snyder: There is a constitutional provision that the subvention of state money has to be used for State purposes, Hence the cigarette tax money that does come back to us will have strings on it.- However, are there any strings attached to it at this time legislatively? In other words if it has to be used for State • purposes can it be used in the General .Fund? Mr. Aiassa, City Manager: It can be used in the General Fund. Councilman Snyder: That is a violation of the constitution. A provision of the California Constitu- tion is that a subveniticn of State Funds is to be used for state purposes, Mr. Aiassa, City Manager: No ® every subvention or grant given back by the State to the cities is designated as to what it can or can't be used for. For example, the gas tax has to be used specifically for roads, etc,, but there are certain taxes like sales tax Councilman Snyder: Mr. Aiassa, City Manager: Councilman Snyder: Mr. Aiassa, City Manager: Councilman Snyder: Mr. Williams, City Attorney: • Mr. Atassa., City `Manager: Councilman Snyder: Mr. Aiassa, City Manager: Councilman Snyder: Mr. Aiassa, City Manager: Sales Tax is not a subvention. ABC is a grant. That has to go into your Traffic Safety,. Well we have a Traffic Safety fund. How do they get around the constitution? I think that those are not subventions and that is not a subvention either. It is the same- as'Sales Tax. No. it is not the same as Sales Tax. Sales Tax we can levy or take it off. You can't take off the sales tax. Yes we can. I am positive that the City at one time passed the one cent sales tax. And then it became a state-wide universal tax. ®36® ,. C. C. 8-28-67 Page Thirty-seven RESOLUTION NO. 3666 m Continued Councilman Snyders No, it is for that very reason the Sales Tax is not a State subvention Mayor Rriegers Why don't we direct the staff to • follow this up? Councilman Snyder* I only bring this up because this is being overlooked this year and this is being touted as a big help to local government but it poses a big danger if anybody wants to bring this up the State can direct you on how to spend this money.. Councilman Gillum.- Dr. Snyder what do you base your Position onl Councilman. Snyder* I spent two years on Revenue and Taxation Committee. Councilman Gillum* No - I am asking is there something in the new law? Councilman Snyder. I just happen to know that the cigarette tax passed is being Amposdc, by,. th-e' _State and not by the Cities and therefore it is a subvention of State funds. Mr. Williams9 City Attorneys The constitution doesn't tell you what you can spend it for, it only says that it must be spent on • State purposes, there is hardly anything that the 'State doesu t Ob der ai State, purpose. Councilman Snyder; I don't think it is a danger this year, but I think it is a danger in the future. Councilman Nicholso, I understand, Mr. Aiassa, that some information was circulated in my absence on the estimated revenues for the fiscal year of the cigarette tax refund o that is revenue applicable to our City. Do you have that figure in mind? Mr. Aiassa, City Managers Mayor Kriegers. Mr. Aiassa,, City Managers 01289000.. Was that just the cigarette tax or was that a combination? Just cigarette tax. The other one was #55,000. Motion.carried an roll callvote as followso AXES* Councilmen Gillum, Nichols, Gl,eckman, Snyder, Mayor Krieger NOES'- None ABSENTS None RESOLTTION NO. 3666 The City Manager presented* "A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA, FIXING THE BATES, OF TAXES AND LEVYING TAXES FOR THE FISCAL.YEAR BEGINNING JULY 19 1967.", Mayor Krieger* Hearing no objection, waive further reading of the body of said reOdlutiort. Motion by Councilman Gleckmang seconded by Councilman Gillum, that d6 d Resolution be adopted. Motion carried cn- roll, csaill as.. follows s AYES* Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES*. None ABSENTS bone 37 0 C. G.. 8.-28m67 Page Thirty-eight CITY MANAGER o Continued Mayor Nriegero Before going to Item 2, Mr. Aiassa, because it ties in witty this council establishing as a matter of policy we are allocating, I believe, $135,000 for the construction of a swimming pool this year. We were waiting for the determination of this matter tonight before taking the first positive step in that direction. When is this council going to be provided with the information having to do with that first step? Mr. Aiiassa, City Managers 9-11. Mayor Nriegero What will that information be? Mr. Aiassa, City Manager-, It will be -a definite recommendation to the council as to the procedure to follow as to architects, school grants, etc. LAND PURCHASE DEL NORTH PARK o AMBUEHLPROPERTY Motion by Councilman Gleckman, seconded by Councilman Gillum, that the tnu^(cjL appropriate sum of 013,2001of the unappropriated balance of the 1967=168 General Fund for the purcl.ase of the Ambuehl property at 443 N. Sunset Avenue, and authorize the Mayor and City Clerk to execute the necessary legal documents. Motion carried on roll call vote as followso • AYMS-, Councilmen Gillum, Nichols, Gleckman, Snyder,Mayor Krieger NOES0 None ABSENT-, None C ORTEZ PAR TEMPORARY PARKING LOT APPROPRIATION Mayor.Kriegero-Mr..Aiass, Is them anything further to add to the report?. Mr. Aiassa, City Managers. No o 42600 is the...z inimum9 ._I. talked it -,Ter -with the staff tad d I -would -like tag ..rs,ise it to 3�a00. if possible aAd establish this strictly as a temporary parking lot. 0ounailman....0illumo.- . Mr.. Aiassa, City Manager°-, Councilman Nicholas Mr. Aiassa, City Managers. Councilman Snyder-,. Mr. Aiassa, City Managers Councilman Snyder-. Mayor Krieger-, When you say temporary, that is what? Approximately .5 years. Do You have money.budgeted for this figure? No, this is coming out of the 0599000 surplus fused. Do we have a figure on the cost of condemning the present parking area? I can make the figures available to you on September litt.. We may ;not -*do --it-, :Out it is one alternative that I think we should look at. Was your point to defer action on this until.ths llth? C.ou�.. Snyd�ar s. Yes. 38 C, C, 8-28-67 Page Thirty-nine CORTEZ PARK.TEMPORARY PARKING LOT - Continued Mr, Aiassa, City Manager: I don't think we sho-uld, because we have now terminated our parking facilities as of August Sth and they are going to close. it and we better move on this fast, • Motion by Councilman Gleckman, seconded by Councilman Gillum, that the $3500.00 requested by the City Manager be authorized in,order to complete a temporary parking lot at Cortez Park and autrize the staff to proceed with plans and specifications and call for bids, Councilman Nichols: Mr. Aiassa, City Manager: Councilman Nichols:. Mr, Aiassa, City Manager: Councilman Nichols: Mr. Aiassa, City Manager: • Councilman Nichols: Mr. Aiassa, did I understand you to say that as of August 8th? The council was so notified that we had the option to buy the property. And as of what date did yo-u. anticipate thetermination of the use of that parking area? It is already terminatido How.long.do you anticipate it will take to have this temporary parking lot completed? It will start immediately ® tomorrow. May I make a .suggestio n? That you assign the area along.Citrus on our own property, ,,,, a Mr, Aiassa, City Manager: We will do that. Motion carried on roll call as follows:- .AYES: Councilmen Gillum, Nichols, Gle.ckman, Snyder, Mayor Krieger NOES: None ABSENT: None CITY CAR LEASE LETTER FROM MANDY WILLIAMS OLDSMOBILE re SALES TAX INCREASE Mayor Krieger: In response to the report, what. is the action of the council? Councilman Nichols: Based upon the opinion of our City Attorney and the less legal but equally forcible opinion of the controller, I would move that the council accept the recommendations and based upon them deny the rate increase as stated by the lessor Mand Williams Oldsmobile, Motion seconded by Councilman Gillum, and carried, all in favor_, • PERSONNEL, MATTERS.. RESOLUTION NO, 3667 ADOPTED Mayor Krieger: The City Attorney presented - "A -RESOLUTION OF THE CITY COUNCIL.OF THE 'CITY OF'WEST COVINA9 AMENDING CERTAIN PROVISIONS OF -RESOLUTION No. 1277 RELATING TO DEPARTMENT HEAD SALARI RANGES.,, Hearing no objection,.waive further reading of the body of said resolution, Motion by Councilman Gleckmana seconded by Councilman Gillum that -..the t;: noil adopt said resolution. Motion carried on roll call a® follows: 39 Co Co 8,28-67 Page Forty 0 0 RESOLUTION NO. 3 7 o Continued .AYES: Councilmen Gillum,Nichols, Gleckman, Snyder, Mayor Krieger ,NOES- ..None ABSENT -,.None RESOLUTION NO. 3668 The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF ADOPTED. THE CITY OF WEST COVINA, AMENDING A PORTION OF RESOLUTION NO. 1277 RELATING TO THE CONTROLLER." (Mayor Krieger requested that the entire resolution be read,, because Council did not have a copy before them. Resolution was read,) Motion by Councilman:'.Gillum, s6conded.by .gouneil:man..Gleckman, that said resolution be adopted by council. Motion carried on roll call as follows: AYESo Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES: None ABSENT: None SAN GABRIEL VALLEY DATA CENTER WEST COVINA MEMBERSHIP Mayor Krieger: We have.a report and recommendation from the Public Service Director. Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that the report be received and filed. ANTIQUE FIRE TRUCK .-RIVERS IDE PARADE Motion by Councilman Gleckman, seconded by C-ouncilman Gillum, that council grant the request for the use of the Antique -Fire Truck in the Riverside Parade and authorize.a sum, not to exceed $50.00, for expenses. Motion carried on roll call as follows: AYESo Councilmen Gillum, Nichols.. Gleckman, Snyder, Mayor Krieger NOES0 None ABSENTp None Councilman Gillum: Mr, Aias.sa, I �am_ ur-tqus.. they are apparently going to drive the Antique Fire Truck over there o what condition is it in mechanically? During the parade it was putting out quite an amount of blue smoke. - Mr. Aiassa, City Manager: I think it will work out, they have checked that out and also it will be Fire Truck leaves, checked out by the garage before the Councilman Gillum: Has it ever been worked on or repaired? (Answer: Yes.) LETTER FROM STONE & YOUNGBERG REGARDING STATEMENT FOR FINANCIAL SERVICES (Informational) VINE CREEK DRAIN ® (Informational) Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried that Items 8 and 9 be received and file., Mayor Krieger: I would like to see this information circulated on the Vine Creek Drain -4o— v Co 0, 8-28-67 Page Forty-one VINE- CREEK DRAIN - Continued and also like to see a letter drafted and I would hope the council would -so dlr_ect, to Supervisor Bonelli.for his assistance. So moved by Councilman Gleckman, seconded by Councilman Gillum, and carried-, SALVATION ARMY REQUEST Mayor Krieger-, Is there a recommendathn by the staff, other than the Fire Department, Mr. Aiassa? Mr, Aiassa, City Manager: As far as the staff is eoncserned we have seldom made a recommendation on a request of this type. If the Fire Chief can handle it, I have no objection. Motion by Councilman Gleckman, seconded by Conncilman Gillum, and carried that the request of the Salvation Army be granted. CITY. CLERK CERTIFIED COPY OF RESOLUTION OF BOARD OF SUPERVISORS DECLARING AZUSA AVENUE.AND AMAR ROAD WITHIN THE CITY OF WEST'COVINA NO LONGER TO BE A PART OF THE COUNTY SYSTEM OF HIGHWAYS, Motion by Councilman Gleckman, seconded by Councilman Gillum, and • carried, that the Certified Copy of Resolution of Board of Supervisors delcaring Azusa Avenue and Amar Road within the City of West Covina no longer to be a part of the County System of Highways, be received and fil,ed. RESOLUTION NO. 3669 ADOPTED Mayor Krieger: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE DESTRUCTION OF CERTAIN CITY RECORDS, DOCUMENTS, INSTRUMENTS, BOOKS AND PAPERS IN THE CITY CLERKS OFFICE BY THE CITY CLERK." Hearing no objection, waive further reading of the body of said resolution. Motion by Councilman Gleckman, seconded by Councilman Gillum, that council_ adopt said Resolution. Motion carried on roll call as follows:, AYES-, Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES-, None ABSENT: None CITY TREASURER REPORT FOR MONTH OF JULY, 1967, Motion by Councilman Snyder, seconded by Councilman Gillum, and carried, that the City Treasurer report of July, 1967, be received and filed, (Councilman Gillum inquired regarding the health of the City Treasurer, and Mr. Aiassa advised that she was home and doing. fine,) 41 0- C. C. 8-28-67 Page Forty-two MAYOR'S REPORTS - PROCLAMATION - UNION LABEL WEEK September 4.4 10, 1967 Mayor Krieger: Consistent with my action of last • year, unless directed by the council, it is my intention not to make this Proclamation. Last year I stated I felt this was support for a particular activity within the. City that wasn.It public ln.its service and I don't feel it is proper for the Mayor of the City of West Covina to issue a proclamation in support of a private.Z-egment of society. RESOLUTION NO. 3670 Mayor .,Krleger-, Motion by Councilman Nichols, council adopt said, Resolutio-a. AYES- Councilmen Gillum, NOES- None 0 ABSENT-, None The. Deputy City Clerk presented: "A. RESOLUTION OF THE- CITY COUNCIL. OF .THE CITY OF WEST COVINA, COMMENDING EDWARD-To TELF9RD, FOR HIS SERVICES TO THIS REGION." .Hearing no objection, waive further reading of said Resolution. second-ed by Councilman Snyder, that the Motion carried on roll call as followsoo Nichols, Gleckman, Snyder, Mayor Krieger RESOLUTION NO. 3671 The Deputy City Clerk -presented: "A RESOLUTION OF THE CITY COUNCIL OF ADOPTED THE CITY OF' WEST- COVINAq COMMENDING MR. MILTON BREIVOGEL9 FOR HIS SERVICES TO THIS REGION." Mayor Krieger-, Hearing no objection, waive further reading of the body of said.Resolution. Motion by Councilman Gleckman, seconded by Councilman Snyder, that said Resoluthn be adopted. Motion carried on roll Oall as followso, I 0 AYES- Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES- None ABSENT- None RESOLUTION NO. 3672 The Deputy City Clerk presented- "'A RESOLUTION OF THE CITY COUNCIL OF-. ADOPTED THE CITY OF WEST COVINA, COMMENDING ROBERT FIOTTEN,.FOR HIS SERVICES TO THE CITY." Mayor Krieger. - Hearing no objection, waive further reading of the body of said Resolution. Motion by Councilman Gillum, seconded by Councilman Snyder, that-pouncil 0 , adopt said Resolution. Motion carried on roll call as follows.-- : -LYES.* Councilmen Gillum, Nichols, Gleckman, Snyder,' -Mayor Krieger NOES: None ABSENT- None a (Councilman Gleckman stated he would like to see the Resolution for Mr. Flotten perma-plaqued, and the council agreed.) = 42 - m C. C. 8-28-67 Page Forty-three COUNCIL COMMISSION APPOINTMENTS - Sept. Thru Dec. 1967. Mayor Krieger-, The regular appointments will remain the same with the exception that Councilman Gillum will be the council representative to the .Planning Commission with Dr. Snyder as alternate-, •Mr. Nichols will be the council appointee to the Human Relatiaos Commission with Councilman Gleckman as alternate-, the annual appoint- ments will remain in full, force and effect. So we may have that prepared appropriately,, pleases r: The 9ppointment of City Clerk we have already taken up, out of order. .We have a full council tonight and I would like to request council authority to bring into existence a Citizens Blue Ribbon Committee on an Auditorium. Following the format of our other Blue Ribbon Comm1t;te*4`s that we have now going. As you know the Huntington Beach Freeway with Mr. Gleckman-, the City Charter with Mr. Nichols-, and it would be my intention if the council authorizes the creation of an Auditorium Blue Ribbon Committee to ask Dr. Snyder to act as council liaison. Is there any ob jection;r;,by the council, to the creation of this Committee? There being no objection the Committee will be brought into existence and Dr. Snyder will be appointed as council liaison. Councilman Snydero Mayor Krieger-, COUNCIL COMMITTEE REPORTS YOUTH ADVISORY COUNCIL What action have we taken on the Stanford Research Report? We have directed the City Manager to contact Mr. Culp to determine what would be required to up date that report. Councilman Gillum-, You all received in yo_ur-packet tonight the proposed outline for the West Covina Youlth Advisory Council. Mainly this was presented in this form to see if you had any objections or helpful comments to mare on it. This outline has been gone over by Mr. hove and myself and the staff,, and we tried to put into effect here what we felt would be of service and benefit to the City. I would like to have your comments and also authority of the council to proceed with g..t establisb1mhJ_& Youth Advisory Council. C o unc il,man. N is ho.ls s Councilman-Gl,eokma,n-, rjr4mmatically it _is very poor o it says Road -from--the --report . Dges .that ments the first two i� wen t do and the last part it will do? Councilman Gillum-, Well what we were trying to inferhere was that this would not be an area that would cause embarrassment to the City Council, School, Board,, or any organization in the City. As you -can see we are going to try and bring into this the Service Groups,, Youth Groups, etc.,, Councilman Gleckman-, What is it going to do? Councilman Gillum; It is a way of communication with the young people of our community. I am sure they have many constructive suggestions. This is mainly another area that is verb large in our community and we feel, they could offer their services `to our community in many areas, also their comments would be helpful in developing certain areas pertaining to the young -people of our community. 0430 0 a 0. 8-28-67 Page Forty-four YOUTH ADVISORY COUNCIL o Continued Councilman Snydero Instead of going to them directly we have to go through this chain of command_,, alright,. . Councilman GillumS Dr. Snyder,, I think this will..give theog an idea of what it takes in order to. operate a City. Mayor griegers Have both the.School Boards been contacted? Councilman Gillums The one School Board has been,, it .slipped my mind with regard to the Covina .School .Board. The School Board directed me to contact peo le.at the two high schools .and set up .this program through these people who normally handle this and as I said,,. the Covina School Board completely skipped my mind. I have talked to individual -members of the School Board but not the Board as a whole. Councilman Snyder.- Are you going to have an ad hoc committee to set this up or are you going to send the first four delegates? Councilman Gillums To be very honest with you that part we haven°t.gotten into yet. The mechanics of it, Mayor griegers I think on a trial basis to see how this thing will get off the ground and operate, it is a very interesting aonm cept. It isthe type of concept we are not really going. to know too much -about until we see it in operation and -see the tye of representa- tion which I think. will be the key to it. "The people that are selected by t oae =students hemae-vep are in � epreientative students. ihd are no par o 'a man in-group s no really representative of the broad thiny�ing of the students of the school,, then I think the program -might be in jeopardy,, but if the student is a good repre.s_entative of the thinking of his fellow students then I think it has. & chanc.a.. Councilman....Sner.s What would be the action of the council? Mayor Nriegers To authorize Mr. Gillum as the council liaison to proceed with the formation of the West Covina Youth Advisory Council in accordeAce with this report. So moved by Councilman Snyder and seconded by Mayor Krieger. Counoll-man Gleckmans have you thought about Bishop Amat at all?. Cr was it just primarily the scho-ols located Dhyfflmally in West Covina ? I say that because there are a lot of students from West Covina that attend Bishop Amat. Councilman Snyders You can say the same thing about Covina Highschool. Councilman (MUmms It had not entered my -mind. - Mayor Rriegers'' We have a motion,, arwAhere any objections? No objections,, so ordered. m 44 o ,., C. C. 8--28©67 Page .Forty-five RERUEST HE. .PARKING OF SEMI -TRAILERS ET-C..- Councilman Gillum, I would like to ask the staff to look into the possibility of limiting, these ver .large trucks and semi- trailers from parking all over the City. I have seen them overnight og _o.ur main -streets_ in the -Center of the City and I am _wondering. 'if it is possible to restrict them to overnight or for any 'period of time in an industrial area or possibly M®1 or something of that type. I .have ...noticed .on Vincent .and .-Canter _Streets we. -have very large . samim trailers -parked overnight. And I.don°t think it does any good for people coming'Into our City to see these large trucks parked. 'Mr. Aiassa, City Managers Under the General-:..P.lan_Review I think they :are coming -up. with -some .kind of a terminal- is: tbat. correct Mr. Menard? Mr. Menard, Planning.Directors Councilman Gillum,. Mr..Aiassa, City Manager. - Councilman Gillum, This is one of the .proposed uses within the central business district. This is fine, but this is a couple of years away,, I would like to see some action sooner than that. How soon? In about two weeks. Mr. Williamss Mr. Mayor. I have an item of pending. 1 if,21` .i,-u-Uo)% m it ..may .hold ,for 2 .weeks but it would be highly desirable to have --a- -5 minute executive- se-seion tonight... Mayor Kriegers Alright we will, -get the demands in, and then recess to the Executive Session if agreeableo DEMA.NID.S.. Motion by Councilman Gleckman, seconded by Councilman Snyder, that the council approve payroll demands totalling #250,002.57 as listed on the demand sheets B328 m B330 and payroll demand sheetso Motion carried on roll call vote as follows, AYES- Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOE S s None ABSFNTo None FIMCUTIVE SESSION HE. PENDING I:�.J�CVjk4ATION Mayor Kriegers A_...moti.on to recess to an executive So moved by Councilman Gleckman, carried. session forthe---purpose of discussing pending �LIJ•.�"SJ 2i�o� o 0 0. 0 0' seconded by Councilman Gillum, and (Council recessed at 1Os55 p.m., o at 11-17 Council stood in session again. ). - 45 m 975 0. C, 8©28-67 Page Forty -Six Mr. Williams, City Attorney: Mr. Mayor, I would Like to advise the Council that I have been employed by the City of Phoenix, but I. want you to know that my work with the City of Phoenix will in no way interfere • with the work I.do for the City of West Covina. Mayor Krieger asked that the record reflect that Mr. Aiassa was going away on vacation again for a week and naming Mr. Fast as acting City ,Manager. Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that there being no further business the meeting adjourn at 11:20 p.m., to September 11th at 78.30 pomp APPROVED ATTEST.- 0 Deputy CityClerk -10